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.

21 Nov 2019 Amanda Shivamba
SALC POLICY BRIEF: THE DEMISE OF A LEGITIMATE SOUTHERN AFRICAN REGIONAL COURT...

This weeks marks the 14 anniversary of the inauguration of the SADC Tribunal. The actions of the SADC Summit to suspend the Tribunal was  a retrogressive step in the promotion and protection of the right of access to justice. As…

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20 Nov 2019 Amanda Shivamba
STATEMENT CALLING FOR THE RESURRECTION OF A SOUTHERN AFRICAN REGIONAL COURT...

On 18 November 2005, the Southern African Development Community Tribunal (SADC Tribunal) was inaugurated. It was established through a protocol which created a regional court to hear disputes of not only SADC member states but also of their citizens. This…

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30 Oct 2019 Amanda Shivamba
SALC Oral Statement: At the African Commission on Human and People’s Right...

On the 24 October 2019, SALC delivered an oral statement at the the 65th Ordinary Session of the African Commission on Human and People's Rights. Zimbabwe Zimbabwe is in crisis facing chronic shortages of physical money, the country’s economy has…

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11 Oct 2019 Amanda Shivamba
MEDIA STATEMENT ON THE RECENT KILLING OF ELECTION OBSERVER, DR ANASTACIO MATAVEL...

SALC strongly condemns the recent killing of Dr. Anastácio Matavel. Dr Matavel was founder and executive director of FONGA-Gaza NGO Forum and chairman of the General Assembly of  Joint Liga of NGOs in Mozambique. On the 7th October 2019, Dr…

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21 Aug 2019 Staff Writer
News Release: SALC commends the President of South Africa for withdrawing his si...

The President of the Republic South Africa, Cyril Ramaphosa, has officially withdrawn his signature from the 2014 SADC Protocol which establishes the SADC Tribunal. Notice of the withdrawal can be found in paragraph 20 of the Communique_of_the_39th_SADC_Summit which was held…

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05 Aug 2019 Amanda Shivamba
SALC IN THE NEWS: Constitutional Amendments to Remove Parliamentary Oversight ov...

On the 2nd August 2019, Bloomberg Reported: The government also on Friday presented a bill to parliament that proposes a change to the constitution to remove a clause that gives parliament oversight over government borrowing. While there may still be…

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05 Aug 2019 Amanda Shivamba
Statement: Organisations warn of potential negative impact of proposed changes t...

  Organizations in the region, as well as internationally, are deeply concerned about the impact the Zambian Constitutional Amendment Bill 2019 may have on the independence and impartiality of the judiciary, if adopted. Of particular concern are the amendments made…

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31 Jul 2019 Amanda Shivamba
An Analysis of Zambia’s Proposed Constitutional Amendments Relating to Nationa...

The Zambian Constitutional Amendment Bill was released for public comment on 21 June 2019. The Bill proposes amendments relating to oversight functions of the National Assembly. This policy brief seeks to demonstrate what impact these proposed amendments to National Assembly…

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30 Jul 2019 Anneke Meerkotter
IN DEFENSE OF CONSTITUTIONAL MORALITY...

This SALC Policy Brief looks at the extent to which courts in the global South have carried through the idea of constitutional morality when asked to protect the rights of marginalised groups in society. Over the past 10 years, there…

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24 Jul 2019 Amanda Shivamba
SALC Policy Brief: An Analysis of Zambia’s Proposed Constitutional Amendme...

The Zambian Constitutional Amendment Bill was released for public comment on 21 June 2019. Section 79 of the Constitution provides that a Bill which seeks to amend the Constitution must be published in the Gazette 30 days before its first…

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15 Jul 2019 Staff Writer
Zambia Debates Proposed Constitutional Amendments...

A brief analysis of Zambia’s Constitutional Amendment Bill by the Southern Africa Litigation Centre The Zambian Constitutional Amendment Bill was released for public comment on 21 June 2019. Section 79 of the Constitution provides that a Bill which seeks to…

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11 Mar 2019 Staff Writer
SALC Research Report: Alignment of Eswatini’s Domestic Laws with Recommend...

It is more than seventy years since the Universal Declaration of Human Rights (UDHR) was adopted yet the struggle to achieve full realisation of human rights remains a pressing reality. One of the challenges hampering the enjoyment of human rights…

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