Namibia

Namibia: Bending a little bit backwards

LAY litigant Ronald Somaeb was in over his head when he attacked the right of any Namibian judge to hear the case in which he was suing the chief justice: all judges would be thinking “about (their) boss, the chief justice” and would be biased in favour of the CJ, he said. Somaeb's efforts came to nothing, however, and his case has been dismissed as vexatious and frivolous.

In Namibia the challenge to the chief justice came from lay litigant Ronald Mosementla Somaeb. The first round of his fight with the judiciary concerned a house, owned by the bank, from which he was evicted.

In this case the high court noted, “It has been the practice of this court to bend a little bit backwards in order to accommodate genuine lay persons as justice is for all ….”

The Complexity of Land Expropriation

TO an outsider, the case might at first sight seem no more than a relatively simple dispute over ownership of the land on which a shopping mall is being built. But the case of Stantoll v Johannes involves far more complex issues than that. It is also about the difficulties surrounding state expropriation of land and subsequent expectations of compensation, at a time when this is a hot issue in many African countries.

THE case that initially sparked all the trouble involves a property developer and members of an extended family clan that used to live on the site where the development is taking place.

The disputed land lies in Ongwediva, part of Namibia’s remote, far north, an area where communal land rights are a hot issue and where the country’s ruling party has its stronghold. It’s also an area ripe for development.

‘War against women’ with rise in gender-based torture

A judge in Zimbabwe has slammed fatal domestic violence against women as 'gender-based torture'. Sentencing a man who savagely murdered his partner the judge, Amy Tsanga, said women were 'clobbered, booted, strangled, stabbed or slashed to death' by their partners. Such attacks so often happened in their own bedrooms that these spaces had become 'a deadly environment' for women.

This article is re-published with permission from LegalBrief: Your Legal News Hub by Juta&Co.

 

War is being waged in the southern African region: against women. That’s the conclusion you could come to from regularly reading court decisions in this part of the continent.

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