Precedent Cases
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…
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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,…
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South Africa: Amicus curiae in Law Society of South Africa case challenging SA s...
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…
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Nigeria: Mandatory HIV Testing and Dismissal of an Employee on the Basis of HIV-...
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…
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Eswatini: Challenging Limitations to the Right to Associate during Elections...
On 26 August 2018, a 26-day campaign period that culminates in the secondary elections to be held on 21 September 2018 began. It is in respect of this campaign period that an application for an interim interdict was brought in…
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Botswana: Court recognises a child’s right to a name and nationality...
SALC supported a case challenging the refusal of the Attorney General and Permanent Secretary to the Ministry of Nationality, Immigration and Gender Affairs to register the birth of a child born to a Botswana father. The child was born to…
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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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Malawi: Challenging the imprisonment of children...
Factual Background In 2018, a case was brought by civil society organisations were concerned that the conditions in Bvumbwe and Kachere prisons are deplorable and not in the best interests of children who are in conflict with the law. Currently…
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Lesotho: Challenging the offence of criminal defamation...
SALC supported a case challenging the constitutionality of the offence of criminal defamation. On 6 July 2016, Basildon Peta was charged with the crime of defamation in contravention of section 104 of the Penal Code Act. The charges related to…
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Lesotho: Challenge to unfair dismissal of pregnant women in Defence Force...
SALC provided support to Advocate Monaheng Rasokoai and FIDA-Lesotho in the case of Mokhele and Others v Commander, Lesotho Defence Force and Others. The applicants were 3 female soldiers who were discharged from the Lesotho Defence Forces on the grounds…
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SOUTH AFRICA: THE STATE vs HENRY EMOMITIMI OKAH...
On 23rd February the Constitutional Court handed down a unanimous judgment in the consolidated applications in the case of State v Okah. The Judgment followed a hearing which took place on 28 November 2017 in which the Constitutional Court heard arguments on…
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Botswana: Challenge to the offence of sedition...
In September 2014, a warrant of arrest was issued for Botswana journalist, Outsa Makone, charging him with sedition after the publication of an article in the Sunday Standard on 31 August 2014, entitled "President hit in car while driving alone…
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