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Kenya: Notice Outlawing Plastic Bags Issued

(Mar. 31, 2017) The Kenyan government recently announced that it will soon institute a national ban on plastic bags.  In a notice in the country’s official gazette dated February 28, 2017, the Cabinet Secretary for Environment and Natural Resources, Judi W. Wakhungu, announced a ban on “the use, manufacture and importation of all plastic bags used […]

Kenya: Anti-Money Laundering Law Amended

(Mar. 24, 2017) On March 3, 2017, the Kenyan President, Uhuru Kenyatta, signed into law the Proceeds of Crime and Anti-Money Laundering (Amendment) Bill.  During the signing ceremony, he reportedly noted that “[t]his is a major tool in our sustained efforts to fight corruption.  It means that no proceeds of theft and corruption are beyond the […]

South Africa: Notice of Withdrawal from the Rome Statute Revoked

(Mar. 10, 2017) On March 7, 2017, the South African government revoked the notice of withdrawal from the Rome Statute of the International Criminal Court (the Rome Statute) that it had  submitted to the United Nations Secretary-General on October 19, 2016.  (South Africa: Withdrawal of Notification of Withdrawal, C.N.121.2017.TREATIES-XVIII.10 (Depositary Notification) (Mar. 7, 2017), United […]

Kenya: Government’s Attempt to Close Refugee Camps Found Unconstitutional

(Mar. 8, 2017) On February 9, 2017, the Constitutional and Human Rights Division of the High Court of Kenya at Nairobi found unconstitutional the government’s decisions to close the Dadaab refugee camp without first consulting stakeholders and to forcibly repatriate Somali refugees in the camp.  Judge John M. Mativo, who handed down the decision, also found the government’s […]

Kenya: High Court Declares Penal Code Provision on Criminal Defamation Unconstitutional

(Feb. 14, 2017) On February 6, 2017, the Constitutional and Human Rights Division of the High Court of Kenya at Nairobi found unconstitutional article 194 of the country’s 1930 Penal Code, which relates to criminal defamation.  (Jacqueline Okuta & another v Attorney General & 2 others [2017] eKLR, Kenya Law website.)  Two individuals, Jacqueline Okuta and […]

South Africa: Constitutional Court Confirms Right of a Child not to be Detained Except as a Measure of Last Resort

(Aug. 26, 2016) On August 11, 2016, South Africa’s Constitutional Court found unconstitutional the arrest and detention of a 15-year-old child by the police and upheld her claim for damages for wrongful arrest and detention against the Minister of Safety and Security.  (The Right of a Child Not to Be Detained Prevails, BUSINESS DAY LIVE […]

South Africa: Moratorium on Domestic Trade in Rhino Horn Temporarily Re-Instituted

On June 6, 2016, South Africa’s Department of Environmental Affairs (DEA) effectively, if only temporarily, re-instituted a 2009 ban on domestic trade in rhino horn and products derived from it.   This was due to the DEA appealing to the Constitutional Court a prior Supreme Court of Appeal ruling affirming a 2015 decision of the High Court […]

Kenya: Law on Registration of Out-of-Wedlock Children Ruled Unconstitutional

(May 27, 2016) On May 26, 2016, the Kenyan High Court found unconstitutional a provision in the Birth and Death Registration Act banning the inclusion in an out-of-wedlock child’s birth certificate of the name of the child’s putative father without his consent.  (Kids Born Out of Wedlock to Have Father’s Name in Birth Certificate – […]

Zambia: Parliament Makes Further Cuts to Royalty Rates on Production of Minerals

(May 23, 2016) On May 4, 2016, Zambia’s 158–member unicameral Parliament passed the Mines and Minerals Development (Amendment) Bill, 2016, to amend the Mines and Minerals Development Act 2015.  (Martine Chileshe, Zambia Mines and Mineral Development Act 2015 – Amendment, TAX NEWS SERVICE (June 30, 2015), International Bureau of Fiscal Documentation online subscription database.)  According to […]

Botswana: Highest Court Rules Government Must Register Gay Rights Advocacy Group

(Mar. 29, 2016) In a unanimous decision on March 16, 2016, the Botswana Court of Appeal, the highest court in the country, upheld a 2014 High Court ruling that found unconstitutional a decision of the Minister of Labour and Home Affairs refusing to register the Lesbians, Gays and Bisexuals of Botswana (LEGABIBO) as a society, and […]