"Free Access to Law - Is It Here to Stay?"

2011
AfricanLII participated in the formulation of the Local Methodology Guide used by researchers in 11 countries in Africa and Asia to interview users, founders and maintainers of free access to law services in those countries.
Read further »

A Broader View: Private companies, human rights and the extractive industry

2010
With Zimbabwe’s diamond industry still shrouded in secrecy, SALC assisted the Southern Africa Resource Watch (SARW) and three Zimbabweans to petition the New Reclamation Group (Pty) Ltd (Reclam) for access to information that will shed some much-needed light on its controversial mining operations.
Read further » Private companies human rights and the extractive industry final.pdf

A Grim Reality for Human Rights Defenders in Zimbabwe

2011
Despite noble efforts to protect human rights defenders and their right to protect fundamental freedoms, some African states continue to attack NGO activists, journalists, lawyers, doctors, academics and anyone else carrying out a human rights activity.
Read further » GRIM REALITY FOR HUMAN RIGHTS DEFENDERS IN ZIMBABWE.pdf

A Judiciary Failing Its Rightful Masters –The People

2011
Malawi’s judiciary continues to exhibit signs of intransigence. It has been increasingly difficult for SALC to receive complete and well thought-out written judgements.
Read further » A Judiciary Failing Its Rightful Masters The People.pdf

AFRICANLII: FREE ACCESS TO LAW JOINS SALC

2010
In October 2010 the Southern African Litigation Centre welcomed aboard the African Legal Information Institute (AfricanLII) project. AfricanLII will be the latest addition to the global Free Access to Law family, and growing the African family of ZamLII, SAFLII, Kenya Law Reports, SenLex, JuriNiger and JuriBurkina.
Read further » What is Free Access to Law_edit2.pdf

AU DECLARATION- 2011 - Deferral

2011
The African Union calls on African members of the Security Council to support Kenya's request for a deferral, in terms of Article 16 of the Rome Statute, of the case against Kenyan officials responsible for the election violence of 2008.
Read further » ASSEMBLY_EN_30_31_JANUARY_2011_AUC_ASSEMBLY_AFRICA.pdfAU_ASSEMBLY_DECISION_-_KENYA_AND_THE_ICC_-_AU_SUMMIT_JAN20111.pdf

Avenues for access to information litigation: the legitimacy of supra-national judicial bodies in Southern Africa

2010
With only 3 of the 15 SADC countries having enacted Access to Information laws and only 4 recognising the Right to Know as a standalone right in their Constitutions, the relevance of the supra-national enforcement bodies in right to information litigation efforts is illustrated by the Inter-American Court of Human Rights’ decision in the case of Claude v Chile. In this case the regional court recognized that the general right to access state-held information is included in the guaranteed right to seek, receive and impart information and ideas. Such interpretation of a provision of a regional human rights treaty by a regional body becomes authority in domestic enforcement of human rights.
Read further » Avenues for access to information litigation the legitimacy of supra-national judicial bodies in Southern Africa.pdf

Canadian AIDS Society v Ontario (Court of Appeal 1995)

1995
The Canadian AIDS Society sought a declaration that Health Protection and Promotion Act (HPPA) and the Laboratory and Specimen Collection Centre Licensing Act (LSCCLA), which required that blood donors and public health authorities be notified if the donor is HIV positive, violated the donor’s right to life, liberty, security and be free from search and seizure.
Read further » 5891_104_Canadian AIDS Society1.pdf

Closing the Impunity Gap - Southern Africa’s Role in Ensuring Justice for the 1994 Genocide in Rwanda

2011
The Report draws on the outcomes and findings of the Conference “Closing the Impunity Gap: Southern Africa’s Role in Ensuring Justice for the 1994 Genocide in Rwanda Moving Beyond the Tribunal’s Completion Strategy and Residual Mechanism” held In July 2011 in collaboration with African Rights and REDRESS.
Read further » Report-Closing the Impunity Gap.pdf

Doe v. City of New York (Second Circuit Court 1994)

1994
Doe filed a claim against Delta Airlines with the City of New York Commission on Human Rights claiming that Delta discriminated against him based on its suspicion of his HIV status. The parties reached a settlement agreement, which included a confidentiality clause stating that Delta and the Commission would not disclose Doe’s name in connection with this claim. Despite the confidentiality clause the Commission issued a press release disclosing the terms of the agreement.
Read further » 5891_96_Doe v City of NY.pdf

Doe v. Southeastern Pa. Trans. Auth. (Third Circuit Court 1995)

1995
Doe, an employee of South Eastern Pennsylvania Transportation Authority (SEPTA), brought an action alleging that SEPTA violated his right to privacy by disclosing his HIV status to two individuals within the company. A senior official at SEPTA learned of Doe’s status from the medication he was taking while reviewing an employee prescription drug program and disclosed Does’ status to two other individuals. The jury awarded Doe damages. The decision was appealed.
Read further »

Donate

2010
Bank Details
Read further »

Draft General Comment 34 on Article 19

2011

Read further » un-draft-on-article-19.doc

Draft UN Mapping Report - DRC

2010

Read further » DRAFT UN MAPPING RAPPORT - DRC 1993 - 2003.pdf

FINAL-UN Mapping Report - DRC

2010
This is the final version of the DRC Mapping Report documenting violations of human rights and international law in the DRC.
Read further » DRC_MAPPING_REPORT_AUGUST 2010.pdf

Garreton Report - DRC

1998

Read further » Garreton Report.pdf

Gersony Report - 1994

1994

Read further » gersony_report.pdf

Herring v Keenan (Tenth Circuit Court 2000)

2006
Herring sued Kennan, his probation officer, for violating his right to privacy, to be free from cruel and unusual punishment, and liberty after Keenan disclosed Herring’s HIV status to his sister, manager and employer. The lower court found that Herring could sue Keenan for violating his right to privacy but not his rights to be free from cruel and unusual punishment and liberty. Keenan appealed the decision.
Read further »

In Re Butao and Others v State (State v Officer in Charge of Mwanza Police and Others)

2011
On March 10, 2011, 11 women sued the Government of Malawi for subjecting them to a mandatory HIV test while in police custody and in some of the cases disclosing their HIV status in open court.
Read further »

Judging Judges in Zimbabwe: The Case of Justice Paradza

2011
The cases of Justice Paradza of Zimbabwe and Justice Hlophe of South Africa bear a striking resemblance.
Read further » Judging Judges in Zimbabwe the Case of Justice Paradza.pdf

Judicial Handbook on Litigating and Adjudicating Access to Information Cases

2011
In preparation for a regional judicial colloquium on FOI, the meeting brought together a group of individuals to serve as a Faculty.
Read further »

Justice Thomas Masuku Disciplinary Hearing

2011
On 28 June 2011, Justice Masuku was charged with twelve allegations of judicial misconduct.
Read further »

Kenneth Good v. Republic of Botswana, Comm. 313/05

2008
After writing an article critical of the government, Mr. Good was expelled from Botswana and had his employment as a professor of Political Science at the University of Botswana terminated. Good lost suits challenging his expulsion in the Botswana High Court and Court of Appeal, leaving no further avenue for relief within the country.
Read further »

Malawians Can and Should Use the African Court

2011
President Bingu WaMutharika’s recent conduct is a blatant violation of Malawi’s Constitution as well as several regional and international instruments to which the southern African state is a party.
Read further » Malawi and the African Court.pdf

Mkula v The Republic: (High Court: Malawi): Habeas Corpus Application.

2011
Alex was arrested in 2001 for allegedly murdering a police officer. In 2009 SALC launched a constitutional challenge (seeking an interpretation of the right to a trial within a reasonable period of time) the court refused to hear this matter as a constitutional case.
Read further » Mkula Judgment.pdf

Muheriwa and Ijesi v Republic

2011
The High Court often sets bail at levels that can be deemed unreasonable.
Read further »

NM and others v Smith and others (Constitutional Court 2007)

2007
Three HIV positive women whose identities had been published in a biography without their prior consent sued the author of the book, Charlene Smith, the subject of the book, Patricia DeLille, and the publisher, New Africa Books. Smith had obtained a clinical trial report which identified the three women by name. The women had signed limited consent forms for the disclosure of their identities in the clinical trial report but not for further dissemination of their identities.
Read further »

PAIA applicable to corporations operating outside of SA

2011
The key question raised by a new set of requests for information filed by SALC with the New Reclamation Group is whether the constitutional right given effect to through the enactment of Promotion of Access to Information Act (PAIA) are only available for the benefit of persons within South Africa.
Read further »

Partnership with CHREAA

2010
SALC in conjunction with CHREAA are currently preparing for 2 separate training courses with the Police and the Lay magistrates. SALC will be conducting training on the international law on the rights of detained persons with a particular focus on the rights of vulnerable groups (Children, Women, Refugee and the Mentally Handicapped.) The training will last for a week in early January 2011. SALC are preparing a reference manual to which will form part of the police and magistrates and day to day reference material.
Read further »

Paul v Attorney - General

2011
SALC has tried to support criminal justice reform in Malawi for the last four years. We have managed to work with attorneys and civil society to identify the most pressing issues and have supported cases that test the right to a trial within a reasonable time, the right to bail, and have fought for change to the law allowing juveniles convicted of murder to be sentenced “at the pleasure of the President”.
Read further »