On-going cases

Children's Rights Criminal Justice Malawi Ongoing cases Sexual and Reproductive Health Rights

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 WriterJul 15, 2021

Children's Rights Malawi Ongoing cases

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 WriterMay 1, 2021

Health Rights Ongoing cases 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 WriterMar 1, 2021

Health Rights Lesotho Ongoing cases

Africa: Challenging laws criminalising persons living with HIV

Kenya: SALC is supporting an amicus submission by the HIV Justice Worldwide (HIVJWW)in a petition by 6 persons living with HIV and KELIN challenging section 26 of the Sexual Offences Act No.6 of 2006 of Kenya in the case of EM and 6 Others v the Attorney General and Others.…

Staff WriterMar 1, 2021

Disability Rights Ongoing cases Zambia

Zambia: Challenging denial of driving licences to deaf persons

SALC is supporting a petition by 3 deaf persons and the Zambia Deaf Youth and Women (ZDYW) to challenge denial of driving licences in the case of Musukwa and Others v Road Transport and Safety Agency. The petitioners argue that Respondent’s application of section 62 of the Road traffic act…

Staff WriterFeb 26, 2021

Disability Rights Health Rights Ongoing cases Zambia

Zambia: Challenging denial of legal capacity for persons with mental disabilities

SALC is supporting a petition by a person with psychosocial disabilities and the Disability Rights Watch (DRW) to repeal Section 4 of the Mental Health Act of 2019 in Katontoka and Another v the Attorney General. The Petitioners argue that the provision unconstitutionally infringes on the rights to dignity, liberty, freedom of…

Staff WriterFeb 26, 2021

Children's Rights Malawi Ongoing cases Sexual and Reproductive Health Rights

MALAWI: CHALLENGING CRIMINALISATION OF ADOLESCENT SEXUALITY

SALC is working with Centre for Human Rights Education, Advice and Assistance (CHREAA) – Malawi in a challenge to the law of defilement in s138 of the Penal Code, insofar as it criminalises consensual sex between adolescents in Malawi. It is illegal to have sex with a girl under the age of 16 in Malawi, and there are no exceptions…

Staff WriterJul 3, 2020

Eswatini Ongoing cases 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 WriterJun 22, 2020

Children's Rights Malawi Ongoing cases 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 WriterApr 30, 2020

Freedom of Expression, Assembly and Association Ongoing cases 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 WriterApr 28, 2020