RECENT DEVELOPMENTS AROUND THE COMMONWEALTH
The following information has been updated
from websites across the Commonwealth.
ZAMBIA
On 12 May 2013-Prof Hamsangule said that the decision of
9 May 2013- weakened the judiciary. http://www.zambianwatchdog.com/professor-hansungule-says-supreme-court-ruling-on-tribunal-has-weakened-judiciary/
On 11 May 2013, there were calls for the Acting Chief Justice
and Deputy Chief Justice to step down: http://zambiadailynation.com/2013/05/11/justice-lombe-chibesakunda-must-step-down/
On 9 May 2013, the government of Zambia won their right
to appeal against the Judicial Review of President Sata's
decision to suspend three judges. In April 2012, Justice
Phillip Musonda, of the Supreme Court and Justices Nigel
Mutuna and Charles Kajimanga of the High Court for alleged
professional misconduct. The judges were suspended in relation
to a case related to issues arising from the demise of Zambia
airways and a loan. The three judges suspended challenged
President Sata's decision through a judicial review, which
acted as a stay of President Sata's decision and won their
case. The government appealed against the judicial review
and on 9 May 2013 the Supreme Court ruled in favour of the
appeal by 4 votes to 3.
However, it also recommended that the tribunal which had
been convened to hear the case against the three judges
should be disbanded. For further information: please see:
http://www.zambianwatchdog.com/controversy-and-ambiguity-surrounds-the-judges-tribunal-judgement/
SRI
LANKA
CHIEF JUSTICE IMPEACHMENT
19 April 2013
The CLA, CLEA and CMJA produce a resolution on Sri Lanka
at the Commonwealth Law Conference held in Cape Town, South
Africa
3 April 2013
International Bar Association Human Rights Institute (IBAHRI)
report published http://mail-int-bar.org/_act/link.php?mId=A9142688832712293945133506423012&tId=10931726
20 February 2013
Bar Human Rights Committe- Seminar
Speech
by Dr Nihal Jayawickrama,
Legal
Opinion by Mr Geoffrey Robertson QC
7 January 2013
Court of Appeal of Sri Lanka quashed impeachment of Chief
Justice:
http://abcnews.go.com/International/wireStory/verdict-sri-lanka-chief-justice-quashed-18148524#.UOwUSazLrKc
11 January 2013
Parliamentary Committee proceed with impeachment. http://www.bbc.co.uk/news/world-asia-20982990
UN Report on Human Rights in Sri
Lanka published
The UN Report on the status of Human Rights in Sri Lanka
was published on 14 November 2012. Click
here for details.
SOUTH AFRICA
On 13 March 2013 there was a report that the South African
government were considering withdrawing the bill: http://allafrica.com/stories/201303170215.html
Traditional Courts
Bill - The CMJA has been monitoring
the progress of the controversial "Traditional Courts
Bill" which has been brought before the South African
parliament. The Traditional Courts Bill would create a separate
legal system for 18 million rural South Africans. The Traditional
Courts Bill, as currently drafted would allow Chiefs in
traditional societies, to be the judges in legal disputes
amongst residents within their jurisdiction. Supporters
of the Bill believe that the adoption of this Bill would
free up the existing judicial system, reduce delays and
ensure better productivity within the administration of
justice in South Africa. However, the rights of women, children
and other vulnerable members of society would be put in
jeopardy as the bill as currently drafted does not allow
for these vulnerable individuals to chose which court they
want their case to be heard in. In addition, traditional
courts do not cater for legal representation. As the judicial
officers in these traditional courts would not be legally
qualified, the existing qualification requirements for judicial
officers in South Africa would not apply to them. The Chiefs
in the patriarchal, traditional dominated societies of South
Africa are not necessarily aware or open to the idea of
women's rights or the rights of other vulnerable groups
in Society. In his speech at the opening of the National
House of Traditional Leaders, President Zuma said Africans
had their own way of solving their problems through traditional
institutions. "Let us solve African problems the African
way, not the white man's way," Zuma said, to cheers
from traditional leaders. "Let us not be influenced
by other cultures and try to think the lawyers are going
to help". However this is ignoring South Africa's international
human rights commitments.
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