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.

On-going cases:

Lesotho: Conduct advocacy and litigation to address unlawful arrests and military detention.

Precedent 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 the constitutionality of the Sedition and Subversive Activities Act.
Swaziland: Challenging the constitutionality of the Suppression of Terrorism Act.
Swaziland: Challenging lawyer and editor’s arrest and detention for contempt of court.

23 May 2018 Tashwill Esterhuizen
Botswana: Challenging Criminalisation of Same-sex Sexual Relationships...

In September 2016, a gay man, filed an application challenging the constitutionality of sections 164(a), 164(c) and 165 of the Botswana Penal Code. These provisions criminalise same-sex sexual acts between consenting persons. The man seeks an order that the continued…

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02 May 2018 Staff Writer
STATEMENT: SALC COMMEMORATES INTERNATIONAL WORLD PRESS FREEDOM DAY...

On 3 May, every year, the world celebrates the International World Press Freedom Day. The occasion is regarded as an opportunity to celebrate the fundamental principles of press freedom, assess the state of press freedom, defend the media from attacks…

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13 Apr 2018 Staff Writer
ZIMBABWE: CHALLENGING LIMITS ON VOTER EDUCATION...

Veritas v. Chairperson of the Zimbabwe Electoral Commission & Others SALC is providing support to Veritas, a non-profit organisation based in Zimbabwe which provides publicly accessible information on the work of the Parliament of Zimbabwe and the laws of Zimbabwe.…

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02 Mar 2018 Staff Writer
NEWS RELEASE: SOUTH AFRICAN HIGH COURT ISSUES IMPORTANT JUDGMENT ON SADC TRIBUNA...

On the 1st of March 2018, the North Gauteng Division of the High Court handed down judgment in the case of Law Society of South Africa and others v The President of the Republic of South Africa and others. The…

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23 Feb 2018 Staff Writer
NEWS RELEASE: THE STATE v HENRY EMOMOTIMI OKAH...

Summary: Does the Protection of Constitutional Democracy against Terrorist and Related Activities Act give South African courts jurisdiction to try terrorist acts committed abroad, besides financing terrorism? On 23rd February the Constitutional Court handed down a unanimous judgment in the…

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23 Feb 2018 Staff Writer
THE STATE vs HENRY EMOMITIMI OKAH...

On 23rd February the Constitutional Court handed down a unanimous judgment in the consolidated applications in the case of State v Okah. The Judgment followed a hearing which took place on 28 November 2017 in which the Constitutional Court heard arguments on…

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