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Criminal Law Reform

Ongoing Cases

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Malawi: Lilongwe informal traders challenge eviction and confiscation of goods

On 5 June 2023, the High Court of Malawi granted leave for judicial review to challenge the Lilongwe by-laws evicting informal traders from plying their trade on the streets and…
Criminal Justice

Kenya: Challenge to offence of attempted suicide

The Southern Africa Litigation Centre is supporting a constitutional petition in Kenya, for   Coalition Action for Preventive Mental Health in Kenya (CAMPHK) as an interested party challenging section 226 of…
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Criminal Justice

Zimbabwe: Challenge to criminalisation of personal possession of Marijuana

The Southern Africa Litigation Centre is supporting a constitutional challenge to sections 156 and 155 of the Criminal Law Act and sections 3 and 6 of the Dangerous Drugs Act.…
Criminal Justice

Malawi: Challenging the offence of begging

Factual Background Thirteen individuals were arrested and charged under section 180(b) of the Penal Code at different places in Blantyre. They appeared together before the magistrate on 12 April 2017…

Completed Cases

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Malawi: Man arrested and convicted for attempting to commit suicide

Background Suicide continues to be a global health concern, affecting all continents. During the lockdown period to mitigate the impact of the COVID-19 pandemic between April and September 2020, Malawi…
Criminal Justice

Malawi: High Court of Malawi reviews harsh sentences imposed on possession of Indian hemp

Background On 15 June 2022, a 17-year-old boy was allegedly found in possession of 78 plastic bags (weighing about 134 kilograms) of Indian hemp at his home. He was subsequently…
Criminal Justice

Lesotho: Challenging mandatory HIV testing of accused persons and the mandatory death sentence of Persons Living With HIV (PLWH)

SALC is supporting the constitutional challenge of Section 30 and 32(a)(vii) of the Sexual offences Act, which provides for mandatory HIV testing of an accused person upon being charged with…
Criminal Justice

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…


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Poverty a criminal offence in Malawi

2 July 2024 Malawi Nation Zororai Nkomo Despite being a constitutional democracy, local authorities in Malawi continue to perpetuate the colonial legacy by criminalising poverty and inequality through the incessant…

Commemorative statement on World Refugee Day, 2024

Each year, on June 20th, the global community comes together to celebrate World Refugee Day, a day dedicated to honoring the resilience and courage of those who have been forced…

New immigrant regulations needed to protect refugees

Weekend Nation 15 June 2024 By Zororai Nkomo Despite the fact that Malawi ratified regional and international treaties and conventions to protect vulnerable people such as refugees, the treatment of…

Parliament ‘sits on’ rogue, vagabond court order

The Daily Times 23 May 2023 By Thomas Kachere Some lawmakers have lamented Parliament's delays to facilitate the review of Section 184 of the Penal Code, which provides for the…


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Compêndio de jurisprudência sobre direitos humanos

Entre 2014 e 2024, os juízes e a comunidade jurídica que participaram no Fórum Regional Africano de Juízes (ARJF) discutiram vários casos que fizeram avançar os direitos humanos e a…

Recueil de jurisprudence sur les droits de l’homme

Entre 2014 et 2024, les juges et la communauté juridique participant au Forum régional annuel des juges africains (FRAJ) ont discuté de diverses affaires qui ont fait progresser les droits…

African Regional Judges Forum human rights case law compendium

Between 2014 and 2024, the judges and legal community attending the annual African Regional Judges’ Forum (ARJF) have discussed various cases that have advanced human rights and equity across the…
Criminal Justice News

The Rivonia statement

Friday, 28 October 2022; A large, multi-sectoral group of stakeholders from across Africa met in Johannesburg near Liliesleaf Farm, Rivonia, to consider urgent action to address cruel, inhuman, and degrading conditions…