Rule of Law

SALC’s Rule of Law work is integrated within its other programmatic areas and focuses on the following objectives:

  • To challenge encroachments on judicial independence.
  • To challenge practices where the executive seeks to encroach on the powers of parliament or the judiciary.

Current cases:

Swaziland: Challenging the constitutionality of the Sedition and Subversive Activities Act.
Swaziland: Challenging the constitutionality of the Suppression of Terrorism Act.

Completed cases:

Lesotho: Support wife of late Brigadier Mahau to argue against the setting aside of the findings of the SADC Commission of Inquiry into Lesotho.
Botswana: Challenge interpretation of Constitution which allows President discretion to appoint High Court judges.
Swaziland: Challenging lawyer and editor’s arrest and detention for contempt of court.
Zambia: Defending anti-corruption activist charged with contempt of court.
Lesotho: Conduct advocacy and litigation to address unlawful arrests and military detention.

03 Jul 2020 Staff Writer
Joint Letter to the Special Rapporteur on the Independence of Judges and Lawyers...

Civil Society Organisations wrote a letter to the Sepecial Rapporteur on the Independence of Judges and Lawyers on the killing of Judge Raphael Yanyi Ovungu. Here is the English version of the letter. Here is the French version of the…

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25 Jun 2020 Staff Writer
Advertisements on the deteriorating situation of lawyers in Turkey...

The BirGün and Yeni Yaşam 24 June 2020 SALC joins 34 bar associations and lawyers' organizations to draw attention to the deteriorating situation of lawyers in Turkey in an advertisement. The English translation of the advertisement can be found here.…

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22 Jun 2020 Staff Writer
Are African nations putting policing over public health?...

On 29 May 2020, SALC's intern, Nicholas Bugeja's article titled: Are African nations putting policing over public health? was published by The Lowy Institute. In the health and epidemiological challenges posed by the coronavirus pandemic, countries have had little choice…

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18 Jun 2020 Amanda Shivamba
In the lead-up to Malawi’s election ‘re-run’, its Government is in free fa...

On 17 June, SALC's intern, Nicholas Bugeja's article titled " In the lead-up to Malawi's election re-run, its Government is in free fall" was published in the Independant Australia In the latest episode of Malawi’s increasingly fraught presidential election, President…

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17 Jun 2020 Amanda Shivamba
Statement Condemning the Killing of Judge Raphael Yanyi Ovungu...

SALC is concerned by the targeting and killing of Judge Raphael Yanyi Ovungu, a member of the judiciary in the DRC. We are further concerned that the police initially wrongfully reported that the death was caused by a heart attack…

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17 Jun 2020 Staff Writer
African Civil Society Call to The United States of America to Change...

In May 2020, over 1000 civil society organisations and individuals raised concerns around the structural and systemic inequality, racism, and injustice taking place in the United States. On 17 June 2020, the letter was delivered to Congress by Mooya Nyaundi…

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15 Jun 2020 Amanda Shivamba
Joint Statement on the Threats Against the Independence of Judges in Malawi...

On 15 June 2020, civil society issued a joint statement calling upon Chief Justice Hon. Andrew Nyirenda and Hon. Judge Edward Twea to continue with their functions as judicial officers, and calling on the executive branch of the government of…

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10 Jun 2020 Amanda Shivamba
An Analysis of Zimbabwe’s Proposed Constitutional Amendments Relating to t...

The Constitution of Zimbabwe Amendment (No. 2) Bill, 2019 (‘the Amendment Bill’) was published in Zimbabwe’s Government Gazette on 31 December 2019. The Bill seeks to make changes to the current Constitution of Zimbabwe (‘the 2013 Constitution’), establishing the rules…

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08 Jun 2020 Staff Writer
SALC is concerned about the renewed reprisals in Zimbabwe following the arrests ...

The Zimbabwe Republic Police arrested six Movement for Democratic Change Alliance (MDC) officials on Friday, 5 June, after they allegedly attempted to enter their party headquarters, Morgan Richard Tsvangirai House (MRT House, formerly Harvest House). The arrested MDC officials are…

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02 Jun 2020 Staff Writer
SALC Statement on arrest and detention of Zimbabwean lawyer Thabani Mpofu...

SALC is deeply concerned by the arrest and detention of prominent Zimbabwean lawyer, Advocate Thabani Mpofu. He was arrested on the 1st June 2020 by the Zimbabwe Republic Police on charges of defeating or obstructing the course of justice. Mpofu…

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27 May 2020 Staff Writer
SALC Policy Brief: AN ANALYSIS OF ZIMBABWE’S PROPOSED CONSTITUTIONAL AMENDMENT...

A Constitution of any State is a body of fundamental principles which the State is acknowledged to be governed by; it is the supreme law of the land. The procedure for amending a Constitution differs from State to State; however,…

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26 May 2020 Staff Writer
SALC Policy Brief: A Legal Overview of the Impact of COVID-19 on Justice and Rig...

In response to the COVID-19 pandemic, various countries in the Southern African region have put in place restrictions on gatherings, free movement, commerce and expression. Many of these measures limit human rights and result in criminal sanctions for breach. This…

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