CIVIL AND POLITICAL RIGHTS

SALC engages in litigation and advocacy to protect civil and political rights.
Through this work, SALC aims to contribute to the following strategic objectives:

Legal reforms to ensure freedom of expression, association and assembly:

  • Reform of laws relating to assemblies, associations, media, and cybercrimes, to ensure their compliance with regional and international human rights standards.
  • Repeal of the offences of criminal defamation, defamation/insult of the President or public officers, sedition, spreading false news.
  • Removal of stigmatising and marginalising laws including those criminalising consensual same-sex sexual acts, and outdated mental health laws.
  • Advocacy against the use of national security or public morality arguments to prevent the exercise of the rights to expression, assembly and association.
  • Advocacy for the implementation of laws which promote access to information and data protection.
  • Improved public participation in the law-making process and increased space for civil society input in the development of laws, including those relating to NGO regulation, assemblies, cybercrimes, media, hate speech, access to information and data protection.

Promotion of an enabling environment for human rights defenders:

  • Protect human rights defenders and journalists from attacks, surveillance and hate speech.
  • Prosecution of persons who violate the rights of human rights defenders.
  • Provide support to human rights defenders and journalists who are persecuted.
  • Promote press freedom, by promoting self-regulation of the media and the removal of onerous licensing and fee requirements for journalists, including foreign journalists, bloggers and social media users.
  • Ensuring the rights to association, assembly and expression are vigorously and equally protected during election periods.

Current Cases:

Eswatini: Challenging the constitutionality of the Sedition and Subversive Activities Act.
Eswatini: Challenging the constitutionality of the Suppression of Terrorism Act.
Botswana: Challenging refusal to provide access to information.
Botswana: Supporting amicus curiae application in case challenging criminalisation of publication of information on corruption investigation.
Malawi: Protecting right to freedom of expression for women human rights defenders.
Zambia: Challenging the use of the offence of defamation of the President.
Eswatini: Challenging the extensive use of prerogative powers.
Eswatini: Freedom of assembly.
Malawi: Challenging hair policy of schools.

Completed Cases:

Lesotho: Challenging the offence of criminal defamation.
Zimbabwe: Supporting amicus curiae in case confirming that criminal defamation no longer an offence in Zimbabwe.
Botswana: Challenging the refusal to register an LGBT organisation.

Eswatini: Supporting lawyer and editor charged with contempt of court.
Zambia: Supporting activist’s right to freedom of expression.
Zimbabwe: Challenging the refusal to allow sex workers to march.
Botswana: Challenging the constitutionality of sedition offence.
Zambia: Challenging the arrest of human rights defenders during a protest.
Eswatini: Supporting the right to protest at university.
Eswatini: Challenging limitations to the right to associate during elections.
Zimbabwe: Challenging the disenfranchisement of Zimbabweans in the diaspora.
Zimbabwe: Challenging restrictions to voter education.
Zambia: Defending anti-corruption activist on contempt of court charges.

Publications:

SALC Litigation Manual: Litigating on Freedom of Expression
SALC Publication: Reflecting on the Closing of Civic Spaces in Southern Africa and Summit Report
Summary of the LEGABIBO Case: A Victory for Freedom of Association
SALC Research Report on Human Rights in Eswatini

23 Mar 2020 Amanda Shivamba
Joint Statement Calling for the Ban on Zambian Lawyer, John Sangwa, to be Lifted...

Statement Issued By: Amnesty International, SADC Lawyers’ Association and Southern Africa Litigation Centre The Zambian authorities must immediately and unconditionally reinstate lawyer John Sangwa and allow him to practise in his profession, Amnesty International, SADC Lawyers’ Association and the Southern…

Read More
17 Mar 2020 Amanda Shivamba
Update on the Arrest of Zambian HRDs Fumba Chama aka Pilato, Laura Miti and Born...

On the 20 January 2020, SALC and Amnesty International, released a statement condemning the arrest of, Fumba Chama, popularly known as Pilato, a Zambian human rights defender and musician, as well as Laura Miti and Bornwell Mwewa, Human Rights Defenders…

Read More
15 Jan 2020 Anneke Meerkotter
PRESS STATEMENT: MALAWI HIGH COURT GRANTS ORDER IN FAVOUR OF RASTAFARI SCHOOL CH...

14 January 2020 – On 14 January 2020, the High Court of Malawi in Zomba granted an interlocutory injunction compelling the Minister of Education to allow all children of Rastafari religion, who have dreadlocks, to enroll into Government Schools pending…

Read More
23 Dec 2019 Anneke Meerkotter
CONCERN AS ZAMBIA POLICE DETAINS HUMAN RIGHTS DEFENDERS...

23 December 2019, Livingstone – Three prominent human rights defenders are spending their 3rd day in police custody with no release in sight. The three activists have been at the forefront of calls for transparency and accountability in the spending…

Read More
20 Dec 2019 Anneke Meerkotter
MEDIA ADVISORY: ESWATINI GOVERNMENT ROUNDS UP ACTIVISTS...

20 December 2019, Mbabane – In a coordinated operation in the early hours of this morning, Eswatini police visited the houses of a number of pro-democracy activists including Sikelela Dlamini, Secretary General of the Swaziland National Association of Teachers (SNAT),…

Read More
20 Dec 2019 Anneke Meerkotter
Opinion: Eswatini’s citizens condemn lavish spending by the monarchy at their...

Published in the Daily Maverick on 17 December 2019 In a time of economic hardship for Eswatini, citizens saw the arrival of a large fleet of luxury cars for the King and his 11 wives. But on 13 November 2019…

Read More
25 Sep 2019 Kaajal Ramjathan-Keogh
Media statement: Zimbabwe Republic Police are refusing to allow Dr Peter Magombe...

SALC is concerned about the failure of the Zimbabwe government to abide by an order of the High Court. This follows the Zimbabwe Republic Police’s (ZRP) repeated refusals to permit Dr Magombeyi to leave the country in order to seek…

Read More
17 Sep 2019 Kaajal Ramjathan-Keogh
Media Statement: SALC condemns the abduction and enforced disappearance of Dr Pe...

SALC calls on the Zimbabwean government to urgently determine the whereabouts of Dr Magombeyi and to ensure his safety. Zimbabwean doctors yesterday staged a walkout in protest over this weekend's alleged abduction of Dr Magombeyi, the acting president of the…

Read More
14 Aug 2019 Staff Writer
Navigating Litigation During Internet Shutdowns in Southern Africa...

  As of 2018, ITU estimated that 51.2% of the global population was using the internet. Much of the recent growth is occurring in Africa, which saw a 20% bump in internet users over the course of 2017. There are…

Read More
02 Aug 2019 Amanda Shivamba
Urgent Statement for the Protection of Human Rights Defenders in Malawi...

The undersigned organisations are deeply concerned with the recent threats made against Human Rights Defenders (HRD’s) in Malawi. Given the current post-election political instability in Malawi, we call on the Malawi Government to ensure the safety and protection of all…

Read More
22 Jul 2019 Anneke Meerkotter
Sedition charges impact on freedom of expression in Eswatini...

Opinion Piece first published on 22 July 2019 on Polity.org.za In May 2019 a lone activist, Goodwill Sibiya, sought to file an application before the civil courts in Eswatini. In the application, apparently drafted without legal representation, the applicant sought to remedy…

Read More
18 Jun 2019 Staff Writer
SALC IN THE NEWS: Is speaking truth to Swazi royal power bringing slow change?...

THe IPP Media Little news emerges from Eswatini, the tiny monarchy landlocked by South Africa and Mozambique, except lurid stories about the latest shenanigans of King Mswati III and his many wives. So it's hardly surprising that few outsiders-and not…

Read More