Judgments

Freedom of Expression, Assembly and Association Judgments Zambia

The people v Laura Miti and Bornwell Mwewa

On Saturday, 21 December 2019, Fumba Chama, popularly known as Pilato, a Zambian human rights defender and musician, was arrested for unlawful assembly in violation of the Public Order Act, due to his hosting of a youth forum which aimed to raise awareness about governance, corruption and civic responsibility. Upon…

Staff WriterOct 19, 2020

Judgments Women’s Land and Property Rights Zambia

Zambia: Challenging the displacement of communities from customary land in the Serenje District

The Muchinda Royal Establishment, the Zambia Land Alliance and SALC supported a displaced community who is currently residing in Musangashi Forest Reserve after they were violently displaced from their ancestral land in Mulembo, near Mulembo River (now called Billis Farm Limited) in the Serenje District of the Central Province of…

Staff WriterMay 4, 2020

Criminal Justice Health Rights Judgments Zambia

Zambia: Health Rights of HIV-Positive Prisoners

SALC is working with the Legal Resources Foundation in Zambia to secure the rights of HIV-positive prisoners to treatment, adequate food and improvements to prison conditions. The applicant inmates alleged that they only get two meals a day which makes it impossible for them to take their HIV treatment, in…

Staff WriterDec 16, 2019

Judgments Sexual and Reproductive Health Rights Tanzania

Tanzania: Challenging Child Marriage

SALC supported Msichiana Initiative and Rebeca Gyumi in an appeal filed by the state in the Tanzania Court of Appeal against a judgment obtained in 2016. In 2016, Rebeca Gyumi filed a case on behalf of children at the risk of child marriage, Rebeca Gyumi v Attorney General, challenging the…

Tambudzai GoneseAug 15, 2019

Botswana Focus areas Judgments SOGIE Rights

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 criminalisation of consensual same-sex sexual relationships violates his constitutional rights,…

Tashwill EsterhuizenJun 11, 2019

Criminal Justice Judgments Malawi

Malawi: Asserting the right to legal representation

Factual Background Mr D had been convicted of robbery after a full trial. At the time of his trial, however, he was not informed of his right to legal representation, and he further did not benefit from the offer of legal aid. His lawyer, Fostino Maele, filed an application alleging…

Anneke MeerkotterMay 21, 2019

Freedom of Expression, Assembly and Association Judgments Malawi Sexual and Reproductive Health Rights

Malawi: Protecting right to freedom of expression for Woman Human Rights Defenders

SALC is supporting the Women Lawyers Association (WLA) of Malawi to challenge the arbitrary arrest and detention of a Woman Human Rights Defender (WHRD) on a charge of “Insulting the Modesty of a Woman” in contravention of section 137(3) of the Penal Code. On 14 September 2017, Beatrice Mateyo, Executive…

Tambudzai GoneseJan 23, 2019

Freedom of Expression, Assembly and Association Judgments Zambia

Zambia: Defending human rights defenders’ right to protest

On 29 September 2017, Laura Miti, Sean Tembo, Fumba Chama, Bornwell Mwewa, Lewis Mwape and Mika Mwambazi were arrested in terms of section 127 of the Penal Code which provides that: “Everyone who disobeys any order, warrant or command duly made, issued or given by any court, officer or person acting…

Anneke MeerkotterDec 21, 2018

International Criminal Justice Judgments South Africa

South Africa: Amicus curiae in Law Society of South Africa case challenging SA signing of new SADC Tribunal protocol

SALC was admitted as amicus curiae in the matter of the Law Society of South Africa and others vs the President and Others. At the hearing SALC made submissions pertaining to relevant international and regional law legal basis for citizens to access a regional tribunal. These arguments were made to buttress the point that…

Staff WriterDec 10, 2018

Health Rights Judgments

Nigeria: Mandatory HIV Testing and Dismissal of an Employee on the Basis of HIV-status

SALC worked with Lawyers Alert, Nigeria to challenge the mandatory HIV testing of an employee of a security company and his subsequent dismissal on the basis of his HIV-status, in X v Brink and Others. The applicant, Mr X, was an employee of a private security company. Upon commencing his employment, Mr…

Staff WriterOct 8, 2018