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Equality Rights

Challenging lack of bodily autonomy, discrimination, unequal access and legal barriers to enjoyment of rights. Support and empower communities to assert their rights and obtain redress for rights violations.

Ongoing Cases

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Criminal Justice

Malawi: Protecting the rights of refugees

On 29 May 2023, a judicial review application was filed on behalf of refugees and asylum seekers in Malawi, challenging the detention of refugees and asylum seekers including children. The…
Criminal Justice

Malawi: Case concerning malnutrition in prisons

Background The Constitution of the Republic of Malawi states in Section 42(1)(b) that “every person who is detained, including every sentenced prisoner, shall have the right to be detained under…
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Criminal Justice

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…
Equality Rights

Zambia: Challenging the denial of registration of a deaf student for tertiary studies

SALC is working with Zambia Deaf Youth and Women(ZDYW) in a case challenging the refusal to register a deaf student for tertiary studies. In August 2020, the petitioner, Kasongo Kanfwembe,…

Completed Cases

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Criminal Justice

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…
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Criminal Justice

Malawi: Ending impunity of police officers for rape

Background Section 153 of the Constitution of the Republic of Malawi and Section 4 of the Malawi Police Services Act provide that the Malawi Police Services’ mandate is to provide…
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Botswana

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…
Equality Rights

Kenya: Challenge to indefinite detention of persons with intellectual and psychosocial disabilities for petty offences

SALC is partnering with  Arthur's Dream Autism Trust (ADAT) in cases challenging the indefinite detention of four persons with intellectual and psychosocial disabilities, arrested for petty offences at Manthari without…

Articles

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Articles

Commemorating one-year anniversary of brutal refugees relocation exercise

Lilongwe, Malawi A joint statement was released on 20 May 2024, marking one year since the enforcement of a brutal refugee relocation exercise by the Malawi government, a dark chapter…
Articles

To comply or not to comply is not the question

MambaOnline (15 May 2024) Botswana Guardian  (17 May 2024) By: Daniel Digashu and Anna Mmolai-Chalmers Over the past five years, the highest courts in Namibia and Botswana have made significant…
Equality Rights Articles

Zambia Supreme Court issues crushing judgment for deaf drivers

On 16 May 2024, the Supreme Court of Zambia delivered a judgment in the appeal of Frankson Musukwa and Others v Road Transport and Safety Agency. The Court dismissed the…
Articles

Judicial Interference: A Test of Principles, Integrity and Power

The Botswana Gazette 1 May 2024 By: Bradley Fortuin NB: While inspired by real emerging issues, the characters and events are fictional and are narrated to explore the theme of…

Resources

Equality Rights LGBTIQ+

Eswatini legal gender recognition policy brief

The legal gender recognition policy brief produced by TransSwati and SALC is written to support engagements around legal gender recognition between the Government of Eswatini and organisations advocating for the…
Equality Rights LGBTIQ+

Toolkit for a community-based emergency fund Experiences from LGBTQI+ communities in Southern Africa

The Out & Proud Partners developed the Toolkit for a community-based emergency fund Experiences from LGBTQI+ communities in Southern Africa under the Out & Proud: LGBTIQ+ Equality and Rights in Southern Africa.…
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Botswana

Policy brief: An opportunity for law reform on child marriage in Eswatini

The Southern Africa Litigation Centre through the support of the Hivos SRHR fund published a policy brief focusing on the harmful practice of child marriage and the opportunity for law…
Equality Rights LGBTIQ+

Launch of report on LGBTIQ+ lived experiences in Zambia

On 5 April 2022, TransBantu Zambia (TBZ) in partnership with Southern Africa Litigation Centre (SALC) launched a research report on lived experiences of LGBTIQ+ persons in Zambia entitled “Key issues…