Judgments

Eswatini Freedom of Expression, Assembly and Association Judgments Rule of Law

Eswatini: Supreme Court Judgement constitutes a Threat to the Rule of Law

Mbabane, Eswatini, 22 September 2022: The Supreme Court of Eswatini issued a judgment that constitutes a threat to the rule of law and the protection of human rights in Eswatini. In its decision, the Supreme Court allowed the appeal to proceed in the matter of The Prime Minister of Eswatini…

Staff Writer22 Sep 2022

Botswana Health Rights Judgments Sexual and Reproductive Health Rights

Botswana: Accountability for violation of rights of woman seeking reproductive healthcare in state institutions

SALC supported a case in which the Plaintiff, who had undergone a total abdominal hysterectomy and developed complications, and she was later diagnosed as having a vaginal fistula. She failed to get adequate care and timely diagnosis and treatment of her problem and commenced legal proceedings against the defendant, in…

Thabo Buthelezi29 Mar 2022

Children's Rights Criminal Justice Judgments Malawi Sexual and Reproductive Health Rights

Malawi: Bringing accountability for sexual violence by the police

Background Petty offences are minor offences for which the punishment is prescribed by law to carry a warning, community service, a low-value fine or short term of imprisonment, often for failure to pay the fine. Examples include, but are not limited to, offences such as being a rogue and vagabond,…

Staff Writer15 Jul 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

Health Rights Judgments Sexual and Reproductive Health Rights Zimbabwe

Zimbabwe: Challenging criminalisation of breastfeeding by women living with HIV

SALC is supporting private lawyer, Mr Tawanda Chakabva, in the criminal defence of a woman living with HIV who was charged with Deliberate transmission of HIV in terms of section 79 of the Criminal Law (Codification and Reform) Act of Zimbabwe for allegedly breastfeeding a baby. The case was dismissed…

Staff Writer1 Mar 2021

Freedom of Expression, Assembly and Association Judgments Zambia

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

Eswatini Freedom of Expression, Assembly and Association Judgments SOGIE Rights

Eswatini: Challenging the Refusal to Register an Advocacy Group

In September 2019, Eswatini’s Registrar of Companies refused to register the organisation Eswatini Sexual and Gender Minorities (ESGM). The Registrar argued that ESGM’s purpose was unlawful because same-sex sexual acts are illegal in the country. ESGM and its members filed an application to contest these claims. They argue that the…

Staff Writer22 Jun 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

Children's Rights Judgments Malawi Sexual and Reproductive Health Rights

Malawi: Seeking accountability for unlawful detention of pregnant learners

SALC is working with Youth Watch Society (YOWSO) in Malawi on a case seeking the payment of damages for false imprisonment after a Magistrates Court decision to fine parents of students who were pregnant and those responsible for the pregnancies at a school in Malawi. This follows a judgment in…

Staff Writer30 Apr 2020

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

South Africa: 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