Judgments

Criminal Justice Judgments News SADC Sex Worker Rights

NEWS RELEASE: ABUJA HIGH COURT DENOUNCES VIOLATION OF WOMEN’S RIGHTS BY LAW ENFORCEMENT AGENCIES

12 August 2021, Abuja – On 5 August 2021, the Federal High Court of Nigeria, Abuja Division, per Justice Maha, handed down a groundbreaking decision against law enforcement agencies that violated women’s rights. The Applicants were among 71 women who were arrested at various public spaces in Abuja between 17 and…

Anneke Meerkotter12 Aug 2021

Children's Rights Judgments Malawi

MALAWI: CHALLENGING DETENTION OF CHILDREN IN POLICE CUSTODY

Background Detention of children is prohibited under the Malawi Child Care Protection and Justice of 2010. Detention is only allowed in exceptional circumstances. Where a detention order is made against a child before liability against the child is made, it is the requirement of the law that such detention should…

Staff Writer1 May 2021

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 Writer19 Oct 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 Writer4 May 2020

Freedom of Expression, Assembly and Association Judgments SOGIE Rights South Africa

JONATHAN DUBULA QWELANE V SOUTH AFRICAN HUMAN RIGHTS COMMISSION AND ANOTHER

On 22 September 2020, the Constitutional Court will hear the case of Jonathan Dubula Qwelane v South African Human Rights Commission and Another (case no: 13/20). The Constitutional Court will decide whether section 10 of the Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 (PEPUDA) is…

Staff Writer28 Apr 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 Writer16 Dec 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 Gonese15 Aug 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 Esterhuizen11 Jun 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 Meerkotter21 May 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 Gonese23 Jan 2019