Jun 5, 2015 | News
Today, the ICJ convened its training on “Women lawyers making a difference through the Legal Profession” in Maseru. Thirty-five women participated in the event.
In many jurisdictions, men invariably dominate the legal profession and there is a necessity to interrogate the reasons for this.
The advancement of women has not been significant despite the fact that there is equality in numbers in enrolment in law schools.
There have been cited challenges and obstacles that have been raised by women lawyers for this lack of advancement, and these needed to be fully explored in order to adopt concrete recommendations to inform an adequate and effective response to the apparent inequalities.
In order to address this issue within the legal profession in Lesotho, the ICJ collaborated with the Judicial Service Commission and the Lesotho Law Society.
The training brought together 35 women including Chief Justice Majara, Judges, Magistrates, Lawyers and Human Rights Activists from Non-Governmental Organisations.
The main objective of the training was to provide a platform for the participants to engage in robust discussions on the systemic obstacles that affect the ascendancy of women to leadership positions and provide them with an opportunity to introspect and come up with plausible innovative solutions and identify opportunities for change.
Further, the training would address the gender gap in the legal profession and also interrogate possible capacity building initiatives for the participants, which will enable them to effectively advance women’s rights through various advocacy techniques.
In addition, the training also sought to provide an opportunity for the Judicial Service Commission and the Lesotho Law Society for dialogue on improving the situation of women in the legal profession, as well as contributing to the promotion and protection of women’s rights and access to justice.
May 15, 2015 | News
Concluding a five-day mission today, an International Fact-Finding team of the ICJ observed that there are serious structural deficiencies in Swaziland’s justice system that need to be addressed systematically and in a structured way to ensure the country meet core rule of law principles.
The mission was conducted in collaboration with the Africa Judges and Jurists Forum, Judges for Judges (the Netherlands) and the Commonwealth Magistrates’ and Judges’ Association, with the aim to assess the state of independence of the judiciary and administration of justice in the country.
“Current developments are merely the symptoms of a systemic crisis,” said Mission leader retired Judge Chinhengo of Zimbabwe.
“There is a need for officials from all branches of government to adhere to the rule of law. The effect of denied justice and in Swaziland has made many victims. Its effect on the community has been devastating, as it has served to undermine respect for human rights and trust in the judiciary to act as a check on the other branches of the State,” he added.
The decision to convene the International Fact-Finding Mission coincided with highly troubling recent events, including the arrest of Judges Simelane and Annandale, Registrar Nhlabatsi and former Minister of Justice Shongwe, and the continuing stand-off between suspended Chief Justice Ramodibedi and governmental authorities.
The Mission was also deeply concerned by the emblematic cases of the unfair dismissal of Judge Thomas Masuku in 2011 as well as the unfair trial and subsequent arbitrary detention of journalist Bheki Makhubu and lawyer Thulani Maseko (photo, on the right) in 2014.
The mission noted these developments were the culmination of a longstanding and deep-rooted systemic challenge that has to be adressed.
During its visit, from 11 to 15 May, the Mission met with key stakeholders in the administration of justice in Swaziland, including the Prime Minister and the acting Attorney General, the acting Chief Justice, the suspended Chief Justice and other members of the judiciary, and representatives of the Law Society and leading civil society actors.
The International Fact-Finding Mission will release a report with its observations and recommendations to the Swaziland authorities and the international community, providing concrete advice on strengthening the rule of law in the Kingdom.
Contact:
Arnold Tsunga, Director, ICJ Africa Regional Programme, t: +27 11 024 8268 or +27 73 131 8411: e: arnold.tsunga(a)icj.org,
May 15, 2015 | News
Today the ICJ is launching an EU funded project to contribute to an improvement in administration of justice in Zimbabwe.
It is hoped that it will also result in greater legal protection of human rights as enshrined in the new constitution of Zimbabwe and to meet Zimbabwe’s international legal obligations pursuant to UN and African Union treaties to which it is Party.
Some of the activities that will be carried out under this project include:
– Organising judicial symposia;
– Working towards the re-establishment of the Zimbabwe Judicial College;
– Organising training workshops for non-judicial court staff;
– Organising training for prosecutors, magistrates and lawyers;
– Working for the full implementation of international human rights and rule of law standards as they relate to the administration of justice, including the ACHPR Principles and Guidelines on the Right to a Fair Trial and UN Basic Principles on the Independence of the Judiciary and UN Basic Principles on the Role of Lawyers;
– Working with the Law Society of Zimbabwe to improve the professional integrity of legal practitioners; and
– Supporting the revision of Zimbabwe’s Court Rules.
Speeches:
Zimbabwe-Speech Com Chinhengo-Advocacy-2015-ENG (ICJ Commissioner Chinhengo)
Zimbabwe-Speech CJ GG Chidyausiku-Advocacy-2015-ENG (Chief Justice Chidyausiku)
Zimbabwe-Speech EU Ambassador-Advocacy-2015-ENG (EU Ambassador)
May 10, 2015 | News
From 11-15 May 2015, the mission will meet with a variety of stakeholders, including officials in the executive, the Ministry of Justice, the judiciary, members of Parliament, the legal profession, media, political analysts and civil society.
The International Fact Finding Mission in Swaziland (IFFM-SZ) is led by the ICJ, in collaboration with the Africa Judges and Jurists Forum (AJJF), Judges for Judges Netherlands (J4J) and the Commonwealth Magistrates’ and Judges’ Association (CMJA).
The mission aims, among other things, to:
- Assess the domestic legal framework (constitutional, legislative and administrative) and practice as it pertains to the independence of the judiciary and the legal profession in Swaziland;
- Identify obstacles posed – legal, structural, and practical – by the state of the independence of the judiciary to the capacity of the judiciary to fairly administer justice, including in relation to the protection of human rights;
- Gather information on and assess the relations between the critical stakeholders in the justice delivery chain;
- Gather information and assess the operations of the Chief Justice’s office in key delivery areas, such as the case management system (including the allocation and tracking of cases);
- Consider practice directives on administration of justice;
- Evaluate systems and practices for the appointment and disciplining of judicial officers and support staff;
- Assess whether an adequate programme of continuous legal education is in place for judicial officers; uphold the institutional and individual independence of the judiciary; and
- Assess the availability of access to justice.
The mission will rely on international human rights law and standards.
After the completion of the field meetings and interviews, ICJ will release a report detailing its findings and recommendations directed to key stakeholders for their consideration and implementation.
The ICJ is committed to supporting all stakeholders in strengthening the independence of the judiciary, the legal profession and observance of the rule of law in Swaziland.
The mission comes against the background of a number of recent developments of concern for the independence and accountability of the judiciary in the country.
Read also:
Swaziland: arrest of judges raises serious concerns
Leading legal voice intervene at UN level in the case of detained Swazi lawyer Thulani Maseko
Additional information:
The mission team is composed of Judge Moses Chinhengo (of Ruwa, Harare, Zimbabwe, retired High Court Judge Botswana and Zimbabwe; ICJ Commissioner; Interim Chair AJJF, Head of the IFFM-SZ) ; Judge Charles Mkandawire (of Lilongwe, Malawi, High Court Malawi; ICJ Commissioner; Regional President-CMJA and member of the IFFM-SZ) ; Judge Oagile Dingake (of Gaborone, Botswana, Professor of Public Law at University of Cape Town, Judge Residual Special Court of Sierra Leone, Judge High Court Botswana; member of the IFFM-SZ) ; and Judge Tamara Trotman (of The Hague, Netherlands, Judge of Court of Appeal in The Hague, Chair Judges for Judges, member of the IFFM-SZ).
The judges are supported by technical staff: Laurens Hueting (Legal Adviser, ICJ-Centre for Independence of Judges and Lawyers), Otto Saki (Senior Legal Adviser, ICJ-Africa Regional Programme) and Justice Mavedzenge (ICJ Consultant and University of Cape Town PhD Candidate and Rapporteur).
Contact:
Arnold Tsunga, Director, ICJ Africa Regional Programme Director, t: +27731318411 ; e: arnold.tsunga(a)icj.org
Picture by Darron Raw
Apr 23, 2015 | News
The ICJ is concerned at the recent arrest of Swaziland High Court Judges Jacobus Annandale and Mpendulo Simelane, the High Court Registrar Fikile Nhlabatsi and the Minister of Justice Sibusiso Shongwe.
The four detainees appeared today before High Court Justice Qinisile Mabuza (photo).
Justice Minister Sibusiso Shongwe was denied bail and remains detained, while the other two High Court Judges and the registrar were released on bail.
The judges, registrar and Minister of Justice are all facing various charges related to corruption and obstructing the course of justice.
The ICJ is also aware that police are presently seeking to arrest Chief Justice Michael Ramodibedi, and that they have surrounded his place of residence.
The ICJ has received information alleging that the police have cut off the electricity and water and have actively prevented people from bringing food supplies to him and his family.
The ICJ urges the authorities in Swaziland to immediately investigate the situation of the Chief Justice and, if the allegations are substantiated, to immediately restore supply of essential services to the Chief Justices family, denied in violation of rights guaranteed under the Swaziland’s Constitution and its international legal obligations.
“The arrest and attempted arrest of several judges, and a High Court Registrar as in this case, invariably raises questions of separation of powers and the independence of the judiciary,” said Wilder Tayler Secretary General of the ICJ.
“The ICJ therefore calls on the authorities in Swaziland to conduct themselves with rigorous adherence to rule of law principles, the separation of powers between the executive and the judiciary. They must also do so with strict respect for international human rights law,” he added.
The ICJ emphasizes that the Chief Justice and the other judges are entitled as everyone else in Swaziland to freedom from arbitrary detention and the right to a fair trial guaranteed under international law.
These protections include the right to be informed the reasons for their arrest and the nature of any criminal charges, the right to representation by a lawyer of their choice and the right to be considered for bail if appropriate.
If no crime is alleged, but serious professional misconduct is suspected, then arrest and detention is inappropriate.
Additional information:
The ICJ has had longstanding concerns with the state of the independence of the judiciary and legal profession and the fair administration of the justice in Swaziland.
The ICJ has recently intervened in a case involving the conviction of prominent lawyer Thulani Maseko in an unfair trial.
For an ICJ analysis of the independence of the judiciary and legal profession in Swaziland, go here.
Contact:
Arnold Tsunga, Regional Director, ICJ’s Africa Programme, t: +27 731318411, e: arnold.tsunga(a)icj.org
Apr 20, 2015 | News
The ICJ and the Zimbabwe Law Students Association (ZILSA) held a symposium on economic, social and cultural rights (ESC rights) on 17 April 2015 at Rainbow Towers Hotel, Harare.
A total of 84 people attended the symposium, 77 being students from the University of Zimbabwe.
The presenters at the symposium were Deputy Chief Justice L. Malaba, Dr V. Guni, Mr. D. Chimbga, Ms R. Rufu and Mr. J Mavedzenge.
Economic, social and cultural rights are a new phenomenon in Zimbabwe’s human rights discourse as they have been introduced into Zimbabwe’s Declaration of rights by the new Constitution of Zimbabwe (Constitution of Zimbabwe Amendment (No.20) Act 2013).
Zimbabwean jurisprudence on ESC rights is therefore still developing.
As a consequence, the notion of the justiciability of ESC rights is one that still requires nurturing if greater protection of these rights is to be achieved.
It was this background that motivated the ICJ and ZILSA to hold this symposium on ESC rights.
The symposium forms part of a broader initiative by the ICJ to ensure ESC rights awareness, education and litigation in Zimbabwe.
Through this symposium, the ICJ and ZILSA sought to provide a platform for law students to engage in an academic discussion on the scope, meaning and enforcement of the ESC rights.
The symposium discussions were meant to increase the students’ knowledge and understanding of ESC rights.
The topics presented at the symposium focused on the historical development and significance of ESC rights, litigation and justiciability of ESC rights under the new constitution and international best practices in the implementation of ESC rights.
The key note address was made by Deputy Chief Justice Malaba, under the topic, “Defining the Role of the Judiciary in the Enforcement of ESC Rights in Zimbabwe”.
The focus of his presentation was how the Zimbabwean judiciary has developed jurisprudence around ESC rights and in particular the approach of the Constitutional Court to the issue of “progressive realization” of ESC rights.
Commenting, after the symposium, Herbert Muromba a 4th year law student and President of ZILSA said: “The Deputy Chief Justice has transformed my understanding of ESC rights. The whole concept is no longer abstract but real, alive and relevant in my everyday life.”
Contact:
Arnold Tsunga, ICJ Regional Director for Africa, t: +27 73 131 8411, e: arnold.tsunga(a)icj.org
