Copy
Newsletter #33/2019
22 August 2019
African Judges in Action

Bell on Google Android 9.0Daughters: 'children of a lesser god’

 

This case is the third in our Women’s Month series on how courts deal with matters involving women. The case includes 13 invisible daughters and a fraudulent attempt by the estate administrator to cut out all the other sons and direct family from inheriting. So when Judge William Musyoka, of Kenya's high court - the third to become involved in the matter - found out, he put his foot down. He referred to the law on succession and to the constitution. Both make clear that discrimination against daughters and wives would not be tolerated. When sons and conniving chiefs tried to prevent daughters and wives from inheriting, the court was obliged to stop it, he said. Because Judge Musyoka bothered to give the papers and previous court orders very close scrutiny, he picked up the problem. Then he insisted that the daughters, along with the widows, had to be involved. And that is why his decision is our judgment of the week.

Read More

Both Lesotho's top judges facing suspension

Lesotho continues to prove itself highly unstable in relation to the judiciary and its tenure of office. More threats of suspension, inquiries related to impeachment and other disciplinary steps against top judges have been issued in Lesotho than in any other country in the region. This week, new action was launched against the Acting Chief Justice as well as against the President of the Court of Appeal (for the second time in two months this year, and following a successful impeachment process in 2016 from which he bounced back). All this while the Chief Justice continues in a state of limbo following her suspension a year ago on grounds widely suspected to relate to politics.

Read More

Former judge Michael Ramodibedi RIP

The most controversial judge in the SADC region over the last several decades, Justice Michael Ramodibedi, has died. Judge Ramodibedi, 74, died in Johannesburg but the cause of death has not been confirmed. He leaves his wife and five children. Among other positions, the judge served as Chief Justice of what is now known as Eswatini, and as president of the court of appeal in his home country, Lesotho. He left the bench in both countries under a cloud of disgrace.

Read More

In their own words ...

‘Sort out your drafting skills’, judges tell prosecutors

S v Mushanga; S v Nghishidimbwa (CR 55/2019) [2019] NAHCMD 295 (20 August 2019)

Namibia High Court, Windhoek
Review Judgment

Judges Mrs Justice Shivute and Mr Acting Justice Sibeya

This case involved the review of a magistrate’s court decision in which the accused were charged with entering Namibia ‘without an unexpired passport’. The magistrate failed to ask crucial questions and when the review judges asked questions, the magistrate conceded that the convictions had been ‘incompetent in law’. Conviction and sentence in both cases were set aside.

The judges added:

(I)t is trite that Prosecutors play a vital role in the criminal justice system and it is therefore incumbent on them to ensure that they draft charges with professionalism and precision to avoid drafting defective charges. Magistrates should equally carefully examine charges to ensure that such charges are not objectionable in terms of section 85(1)(a) of the CPA. Failure to comply with the above calls of duty may result in the Courts proceeding on incurably defective charges which manifests in failure of justice as in the present matter. I direct that this judgment be brought to the attention of the Magistrates and Prosecutors.  

Read judgment

Women, Land and Corruption
Resources for Practitioners and Policy-Makers

The Women, Land and Corruption resource book addresses the need for a consolidated source of information on gendered land corruption. By providing fresh insights from initiatives and organisations — woven together with the latest research from eight African countries — it presents evidence on how women are affected by land corruption together with tailored responses to addressing gender-based inequalities over land.

Corruption exacerbates gender inequalities in society. Women experience and perceive corruption differently from men and are more vulnerable to specific types of corruption — particularly sexual extortion — due to their social, political and economic roles.

The links between land corruption and women’s wellbeing and prosperity are evident across Africa. Women’s strong dependency on land as a resource means that land corruption disadvantages them more than men. Such corruption takes many forms, including traditions preventing women from inheriting land, bribery and sexual extortion by community leaders and land officials, and multinational investors appropriating land traditionally worked by women. Land corruption increases gender disparities, which undermines women’s livelihoods and social standing and, ultimately, perpetuates poverty.

While awareness of land corruption as a phenomenon has increased over recent years, understanding and recognition of how women are affected differently from men has been lacking. There has been no single source of background information, lessons learnt and approaches to tackling land corruption — as it affects women — to inspire civil society and inform effective policy-making.

Download the resource (PDF)

About Carmel Rickard

Carmel Rickard has written about the law, human rights, justice, judgements and judicial matters for many years. A former legal editor of The Sunday Times, South Africa's biggest newspaper, she is now a columnist on legal issues.

Upcoming courses

Environmental Law Course - 26 August - 30 August 2019

 

More Info
JIFA is a partnership between the DGRU at UCT, the SACJF and ICJ-AFRICA, which provides university-certified short courses to judges in Africa.
Visit Website
Share Share
Tweet Tweet
Forward Forward
Copyright © 2019 JIFA, All rights reserved. Our mailing address is:
JIFA
Democratic Governance and Rights Unit Room 7.03 Kramer Law Building
Middle Campus University of Cape Town 7708
Cape Town, Wc S-7405
South Africa

Add us to your address book
Share Share
Tweet Tweet
Forward Forward
Copyright © 2019 JIFA, All rights reserved. Our mailing address is:
JIFA
Democratic Governance and Rights Unit Room 7.03 Kramer Law Building
Middle Campus University of Cape Town 7708
Cape Town, Wc S-7405
South Africa

Add us to your address book






This email was sent to <<Email Address>>
why did I get this?    unsubscribe from this list    update subscription preferences
JIFA · Democratic Governance and Rights Unit Room 7.03 Kramer Law Building · Middle Campus University of Cape Town 7708 · Cape Town, Wc S-7405 · South Africa

Email Marketing Powered by Mailchimp