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Título
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Jurisdição |
Data
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The claimant’s late-registered lease was void; earlier registered lease prevails and the trespass claim is dismissed.
Deeds Registration Act – mandatory registration period; late registration renders instrument void – priority of registration under s.8. Trespass – possessory tort; possession ordinarily sufficient but yields to superior registered title. Nemo dat quod non habet – unregistered surrender ineffective; re-grant by minister invalid if prior lease subsists. Res judicata – default judicial review judgment not a merits-based bar; identity of parties and merits required. Limitation – bars affirmative claims but does not preclude defendants relying on historical title defensively. Relief – interlocutory injunction vacated; court-directed survey to demarcate customary land boundaries.
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Malawi
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30 Dezembro 2025 |
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Constitutional Law – Jurisdiction of the High Court – Enforcement of fundamental rights under section 19 of the Constitution – Proper procedure under section 22 of the Constitution and the Constitutional Litigation Rules – 2 Distinction between ordinary and constitutional jurisdiction – Application brought as an ordinary civil claim instead of under section 22 – Non-compliance with constitutional procedure rendering proceedings a nullity – Matter to commence de novo before the High Court exercising its constitutional jurisdiction – Principle against bifurcation of proceedings reaffirmed
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Lesotho
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7 Novembro 2025 |
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Revenue law – Jurisdiction – High Court vs specialised tax tribunal – “Pay now, argue later” – Ouster or deferment of jurisdiction – Interdict to suspend tax payment – RAT Act 2005 – Income Tax Act 1993 – Condonation – Leave to appeal – Final vs interlocutory
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Lesotho
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7 Novembro 2025 |
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Constitutional Law — Locus Standi — Direct and Personal Interest — Section 22(1) of the Constitution of Lesotho
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Lesotho
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7 Novembro 2025 |
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A raped minor’s denial of abortion breached reproductive rights; law and guidelines require considering mental-health grounds for termination.
Gender Equality Act – right to sexual and reproductive health; Penal Code s243 – preservation of life includes mental health; vicarious liability of employer; duty to impart information; Minister’s duty to provide clear clinical guidance; Human Rights Commission enforcement obligations; access to lawful abortion for minors impregnated by sexual violence.
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Malawi
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28 Outubro 2025 |
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Criminal defamation provision struck down as an unconstitutional, disproportionate limit on freedom of expression.
Constitutional law — Freedom of expression — Criminal defamation — Section 200 Penal Code — Overbreadth, vagueness and chilling effect — Section 44 limitation test — Civil remedies as less restrictive means — Attorney General’s neutral role in constitutional referrals.
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Malawi
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17 Julho 2025 |
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Whether criminal defamation (section 200) unjustifiably limits freedom of expression and must be struck down.
Criminal defamation – Freedom of expression (section 35) – Limitation test (section 44(1),(2)) – Proportionality and necessity – Civil remedies as less restrictive means – Chilling effect – Decriminalisation consistent with regional and international jurisprudence – Attorney General’s impartial role in constitutional referrals.
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Malawi
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17 Julho 2025 |
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FLYNOTE Education Law — Appointment of school principal — Teaching Service Commission — Discretion to appoint from recommended candidates — Whether School Board’s ranking creates enforceable legitimate expectation — Procedural fairness — Rationality — Education Act 2010, s 42
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Lesotho
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2 Maio 2025 |
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Lesotho
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2 Maio 2025 |
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Lesotho
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18 Março 2025 |
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Lesotho
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10 Fevereiro 2025 |
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Lesotho
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6 Fevereiro 2025 |
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Uganda
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31 Janeiro 2025 |
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Malawi
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12 Janeiro 2025 |
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 African Regional Bodies
· African Union (AU)
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29 Novembro 2024 |
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Court exercised discretion to reopen pleadings and granted the respondent an extension under Rules 46(3) and 90.
Procedure — Reopening pleadings; Extension of time — Rule 46(3) Rules of Court; Inherent powers — Rule 90; Withdrawal of Article 34(6) Declaration — effect on pending cases.
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African Regional Bodies
· African Union (AU)
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29 Novembro 2024 |
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Court reopened pleadings and granted the State a 30-day extension to file its Response pursuant to its discretionary powers.
Procedure – Reopening pleadings – Rule 46(3) Rules of Court; Extension of time – discretion to grant – Rule 90 and inherent powers; Administration of justice; Effect of withdrawal of Article 34(6) Declaration on pending cases.
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African Regional Bodies
· African Union (AU)
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29 Novembro 2024 |
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Court reopened pleadings and granted the respondent 30 days to file its Response, exercising discretion under Rules 46(3) and 90.
Procedure – Reopening pleadings; Extension of time – Rule 46(3) and Rule 90 (inherent powers) – Respondent’s restructuring and evidence collection as grounds for extension – Effect of withdrawal of Article 34(6) Declaration on pending cases.
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African Regional Bodies
· African Union (AU)
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29 Novembro 2024 |
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Constitutional law — Fundamental rights — Equality before the law — Article 10 of the Constitution — Article 8 of the Constitution — Right to dignity — Same-sex relationships — Homosexuality — Criminal law — Common Law Sexual Offences — Sodomy — Unnatural sexual offences — Various forms of sexual conduct committed by a male person with another male person are not regarded as criminal, if committed by a male person with a female person — Differentiation which the impugned laws accord to homosexual men amounts to unfair discrimination and thus unconstitutional
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Namibia
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21 Junho 2024 |
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African Regional Bodies
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23 Maio 2024 |
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African Regional Bodies
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23 Maio 2024 |
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African Regional Bodies
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23 Maio 2024 |
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African Regional Bodies
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23 Maio 2024 |
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Retrospective application of the FCA was found by necessary implication but did not violate constitutional protections against conviction for non-offences.
Constitutional law – retrospectivity of statutes – Financial Crimes Act section 42 vs repealed MLA section 35 – interpretation of saving provision section 141(2) FCA – right not to be convicted for non-existent offence and protection against harsher retrospective penalties – procedural commencement via constitutional referral (Order 19 CPR).
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Malawi
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10 Abril 2024 |
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Applicant’s rush to appellate court was premature; lower court’s decision to hear matter inter partes was within its CPR case-management discretion.
Administrative law – judicial review – leave to apply and interim injunction – ex parte v inter partes hearings – case management discretion under CPR – balance of convenience and public interest in stays of administrative decisions.
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Malawi
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4 Julho 2023 |
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Lesotho
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20 Junho 2023 |
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Tanzania
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19 Dezembro 2022 |
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Human rights and fundamental freedoms - right to privacy, freedom from torture, cruel, inhuman and degrading treatment or punishment Human rights and fundamental freedoms - the right of prisoners to humane living conditions and dignified treatment - the right to consent and privacy in HIV and AIDS testing
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Tanzania
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19 Dezembro 2022 |
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Tanzania
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21 Outubro 2022 |
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Criminal law – statutory rape - HIV transmission to a victim below the age of consent
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Tanzania
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21 Outubro 2022 |
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Sentence – Prevention of Organised Crime Act – Smuggling of immigrants – Vulnerable persons exploited for money under pretext they will be relocated to other countries for better living conditions. All victims running away from the war in their country – Accused a first offender – Remorseful – Accused having testified in mitigation of sentence – Accused also testified about her ill health as a mitigating factor – Gravity of the offences and society’s legitimate interests far much outweigh the accused’s interests – A custodial sentence unavoidable under the circumstances
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Namibia
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8 Setembro 2022 |
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Tanzania
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30 Agosto 2021 |
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Tort – defamation – defamation based on HIV status
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Tanzania
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30 Agosto 2021 |
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The applicant's convictions were upheld on circumstantial evidence and call logs despite improper use of section 3 CP&EC.
Criminal law ircumstantial evidence
dmissibility of call logs/business records alse police statement as perjury xtradition (s.21)
ddition of lesser offences provable by extradition facts xclusion of illegally obtained evidence
nd limited scope of s.3 CP&EC.
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Malawi
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14 Julho 2021 |
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Zimbabwe
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16 Junho 2021 |
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Human rights and fundamental freedoms - right to a fair trial- right to legal representation Sentencing – interpretation of sections 70 and 80(1)(c) of the Criminal Law (Codification and Reform) Act - minimum mandatory sentence of not less than ten years for engaging in sexual intercourse with a young person and exposing them to the risk of HIV transmission
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Zimbabwe
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16 Junho 2021 |
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Criminal procedure — Bail Appeal – Appellant represented – Partly viva voce then by way of affidavit – The use of affidavits reconfirmed – Respondent filed opposing affidavits – Appellant not truthful in giving his place of residence – Not in the interest of administration of justice and public interest to release on bail – No misdirections by magistrate – Appeal dismissed
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Namibia
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29 Março 2021 |
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Seychelles
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1 Junho 2020 |
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Uganda
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13 Dezembro 2018 |
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The Complainant alleges that the Respondent State has violated Articles l, 2, 3, 4, 5, 6, 7, 8, 14, 15, 17, 19, 60 and 61 of the African Charter on Human and Peoples' Rights
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African Regional Bodies
· African Union (AU)
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18 Outubro 2018 |
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The Complainant alleges that the Respondent State has violated Articles l, 2, 3, 4, 5, 6, 7, 8, 14, 15, 17, 19, 60 and 61 of the African Charter on Human and Peoples' Rights
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African Regional Bodies
· African Union (AU)
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18 Outubro 2018 |
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The Complainant alleges that the Respondent State has violated Articles l, 2, 3, 4, 5, 6, 7, 8, 14, 15, 17, 19, 60 and 61 of the African Charter on Human and Peoples' Rights
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African Regional Bodies
· African Union (AU)
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18 Outubro 2018 |
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The Complainant alleges that the Respondent State has violated Articles l, 2, 3, 4, 5, 6, 7, 8, 14, 15, 17, 19, 60 and 61 of the African Charter on Human and Peoples' Rights
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African Regional Bodies
· African Union (AU)
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18 Outubro 2018 |
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African Regional Bodies
· African Union (AU)
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18 Outubro 2018 |
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A complaint alleging human rights violations was struck out for failure to prosecute and non-compliance with procedural requirements.
African Charter on Human and Peoples' Rights – Admissibility – Diligent prosecution – Striking out of communication for failure to prosecute – Rules of procedure – Extension of time for submissions.
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African Regional Bodies
· African Union (AU)
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18 Outubro 2018 |
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The Commission struck out the communication due to the complainant's failure to prosecute the case diligently within time limits.
African Charter on Human and Peoples' Rights – communication procedure – admissibility – striking out for want of diligent prosecution – failure to submit required submissions within prescribed time despite extensions.
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African Regional Bodies
· African Union (AU)
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18 Outubro 2018 |
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Complaint struck out for lack of diligent prosecution after complainant failed to submit required admissibility arguments.
African Charter – admissibility – non-compliance with procedural requirements – strike out for want of diligent prosecution – failure to submit admissibility arguments within extended deadlines.
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African Regional Bodies
· African Union (AU)
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18 Outubro 2018 |
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The Complainants allege violation of Articles l, 2, 3, 4, 5, 19, 60 and 61 of the African Charter on Human and Peoples' Rights
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African Regional Bodies
· African Union (AU)
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18 Outubro 2018 |
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The Complainants allege violation of Articles l, 2, 3, 4, 5, 19, 60 and 61 of the African Charter on Human and Peoples' Rights
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African Regional Bodies
· African Union (AU)
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18 Outubro 2018 |
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The Complainants allege violation of Articles l, 2, 3, 4, 5, 19, 60 and 61 of the African Charter on Human and Peoples' Rights
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African Regional Bodies
· African Union (AU)
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18 Outubro 2018 |
