Rule of Law

SALC’s Rule of Law work is integrated within its other programmatic areas and focuses on the following objectives:

  • To challenge encroachments on judicial independence.
  • To challenge practices where the executive seeks to encroach on the powers of parliament or the judiciary.

On-going cases:

Lesotho: Conduct advocacy and litigation to address unlawful arrests and military detention.

Precedent cases:

Lesotho: Support wife of late Brigadier Mahau to argue against the setting aside of the findings of the SADC Commission of Inquiry into Lesotho.
Botswana: Challenge interpretation of Constitution which allows President discretion to appoint High Court judges.
Swaziland: Challenging the constitutionality of the Sedition and Subversive Activities Act.
Swaziland: Challenging the constitutionality of the Suppression of Terrorism Act.
Swaziland: Challenging lawyer and editor’s arrest and detention for contempt of court.

03 Jul 2018 Staff Writer
NEWS RELEASE: Veritas v. Zimbabwe Electoral Commission & 2 Others...

On 27th June 2018, the High Court of Zimbabwe handed down judgment and dismissed the constitutional challenge brought in Veritas v. Zimbabwe Electoral Commission & 2 Others. The applicant, Veritas, challenged the constitutionality of several sections of the Electoral Act…

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02 Jul 2018 Staff Writer
ZIMBABWE: CHALLENGING LIMITS ON VOTER EDUCATION...

Veritas v. Zimbabwe Electoral Commission & 2 Others SALC is providing support to Veritas, a non-profit organisation based in Zimbabwe which provides publicly accessible information on the work of the Parliament of Zimbabwe and the laws of Zimbabwe. In this…

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15 Jun 2018 Staff Writer
Botswana: Challenging prescription in medical negligence claim...

In January 2017, SALC supported the filing of an appeal against a High Court decision dismissing a claim for medical negligence on the grounds that too much time had elapsed between the time of the injury and when the case…

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15 Jun 2018 Tambudzai Gonese
Eswatini (Swaziland): Challenging laws allowing child marriage...

In February 2017,SALC supported WLSA in Eswatini to  file a case challenging laws that allow child marriage. The challenge is to sections of the Marriage Act and customary law that allow a girl who is under 18 years to contract…

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28 May 2018 Staff Writer
STATEMENT: ICC refuses all African submissions in respect of The Hashemite Repub...

On 29 April 2018, the Southern Africa Litigation Centre (SALC) jointly with Professor Bonita Meyersfeld, filed an application for leave to make amicus curiae submissions in the case of The Prosecutor v Omar Hassan Ahmad Al-Bashir before the International Criminal…

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23 May 2018 Tashwill Esterhuizen
Botswana: Challenging Criminalisation of Same-sex Sexual Relationships...

In September 2016, a gay man, filed an application challenging the constitutionality of sections 164(a), 164(c) and 165 of the Botswana Penal Code. These provisions criminalise same-sex sexual acts between consenting persons. The man seeks an order that the continued…

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