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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 […]

Nigeria: Gender Equality Bill Fails in the Senate

(Mar. 28, 2016) On March 15, 2015, the Nigerian Senate voted down the Gender and Equal Opportunities Bill, 2016 (S.B 116), which aimed to accord women rights equal to those of men in various spheres of life and to impose certain measures to address past and current discriminatory practices.  (Timothy Oshi, Nigerian Senate Rejects Bill […]

Uganda: Non-Governmental Organizations Bill Becomes Law

(Mar. 17, 2016) It was reported on March 9, 2016, that the President of Uganda, Yoweri Museveni, recently signed into law the Non-Governmental Organisations Bill, 2015, repealing and replacing the Non-Governmental Organisations Registration Act of 1989 (as amended in 2006).  (Amy Fallon, Repressive NGO Act, IPS (Mar. 9, 2016).)  It appears that the Non-Governmental Organisations Registration […]

Uganda: Parliament Passes Amendments to Children Act

(Mar. 17, 2016) On March 2, 2016, the 388–member unicameral Ugandan Parliament passed the Children (Amendment) Bill, 2015, the goal of which is “to amend the Children Act, Cap. 59; enhance protection of a child; provide for the guardianship of children; provide for inter country adoption; prohibit corporal punishment and provide for related matters.”  (The Children (Amendment) […]

Sierra Leone: Changes to the 1991 Constitution Proposed

(Feb. 29, 2016) On February 16, 2016, Sierra Leone’s Constitutional Review Committee (an 80-member body established in 2013 to review the 1991 Constitution and a 2008 report proposing changes to it) published an abridged draft report of its findings.  (Ibrahim Tarawallie, New Chapters Proposed in New Constitution, CONCORD TIMES (Feb. 17, 2016).)   The draft report, which took two years […]