"Free Access to Law - Is It Here to Stay?"

2011
AfricanLII participated in the formulation of the Local Methodology Guide used by researchers in 11 countries in Africa and Asia to interview users, founders and maintainers of free access to law services in those countries.
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A Broader View: Private companies, human rights and the extractive industry

2010
With Zimbabwe’s diamond industry still shrouded in secrecy, SALC assisted the Southern Africa Resource Watch (SARW) and three Zimbabweans to petition the New Reclamation Group (Pty) Ltd (Reclam) for access to information that will shed some much-needed light on its controversial mining operations.
Read further » Private companies human rights and the extractive industry final.pdf

A Grim Reality for Human Rights Defenders in Zimbabwe

2011
Despite noble efforts to protect human rights defenders and their right to protect fundamental freedoms, some African states continue to attack NGO activists, journalists, lawyers, doctors, academics and anyone else carrying out a human rights activity.
Read further » GRIM REALITY FOR HUMAN RIGHTS DEFENDERS IN ZIMBABWE.pdf

A Judiciary Failing Its Rightful Masters –The People

2011
Malawi’s judiciary continues to exhibit signs of intransigence. It has been increasingly difficult for SALC to receive complete and well thought-out written judgements.
Read further » A Judiciary Failing Its Rightful Masters The People.pdf

A v. Union of India (High Court 2000) (unreported)

2000
A was diagnosed with HIV in 1997 while serving in the Indian Navy, where he continued working until he earned his full pension and benefits. After that period, A sought to be re-engaged by the Navy for an additional 3 year period. The Indian Navy refused to re-engage A solely due to his HIV status. A challenged this refusal in the High Court arguing that it violated his right to equal protection, life, and liberty.
Read further » tbl_s5105SACaseDockets_FileUpload5891_66_A v Union of India.pdf

AFRICANLII: FREE ACCESS TO LAW JOINS SALC

2010
In October 2010 the Southern African Litigation Centre welcomed aboard the African Legal Information Institute (AfricanLII) project. AfricanLII will be the latest addition to the global Free Access to Law family, and growing the African family of ZamLII, SAFLII, Kenya Law Reports, SenLex, JuriNiger and JuriBurkina.
Read further » What is Free Access to Law_edit2.pdf

Analysis of the Judgement in Felix Paul v The Attorney General ( Malawian High Court Misc Civil Cause No. 37 of 2011)

2011
This is an egregious judgement that is beset by a number of errors of law and fact. The judgement is grossly unfair and fails on various levels.
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Angola response to DRC Mapping Report

2010

Read further » DRC_Report_Comments_Angola.pdf

Attorney General v Aphane

2010
Attorney General v Doo Aphane
Read further » Judgement-Appeal-Doo.pdf

AU DECLARATION- 2011 - Deferral

2011
The African Union calls on African members of the Security Council to support Kenya's request for a deferral, in terms of Article 16 of the Rome Statute, of the case against Kenyan officials responsible for the election violence of 2008.
Read further » ASSEMBLY_EN_30_31_JANUARY_2011_AUC_ASSEMBLY_AFRICA.pdfAU_ASSEMBLY_DECISION_-_KENYA_AND_THE_ICC_-_AU_SUMMIT_JAN20111.pdf

Avenues for access to information litigation: the legitimacy of supra-national judicial bodies in Southern Africa

2010
With only 3 of the 15 SADC countries having enacted Access to Information laws and only 4 recognising the Right to Know as a standalone right in their Constitutions, the relevance of the supra-national enforcement bodies in right to information litigation efforts is illustrated by the Inter-American Court of Human Rights’ decision in the case of Claude v Chile. In this case the regional court recognized that the general right to access state-held information is included in the guaranteed right to seek, receive and impart information and ideas. Such interpretation of a provision of a regional human rights treaty by a regional body becomes authority in domestic enforcement of human rights.
Read further » Avenues for access to information litigation the legitimacy of supra-national judicial bodies in Southern Africa.pdf

B and others v Minister of Correctional Services and others (High Court 1997)

1997
Four HIV-positive prisoners sued the Minister of Correctional Services and others for failing to provide them with anti-retroviral treatment claiming the failure amounted to a violation of their right to adequate medical treatment. The Minister of Correctional Services argued that providing anti-retroviral treatment to relevant prisoners was beyond the resources of the prison.
Read further » tbl_s5105SACaseDockets_FileUpload5891_46_B and Others v Minister of Correctional Services.pdf

Background: Forced Sterilization of Women with HIV/AIDS

2010
At least forty HIV-positive women in Namibia have indicated they were subjected to forced or coerced sterilization at public hospitals, violating their rights to life, dignity, family and freedom from degrading treatment and discrimination guaranteed under Namibia's constitution.
Read further » FORCED AND COERCED STERILIZATION OF WOMEN WITH HIV....pdf

Bragdon v. Abbott (Supreme Court 1998)

1998
Bragdon, a dentist, refused to fill cavities for Abbott, who was HIV positive. The District Court ruled in Abbott’s favour finding that being HIV positive fell within the definition of disability under the ADA, and that no issue of material fact was raised by Bragdon as to whether HIV would have posed a direct threat to the health or safety of others. Bragdon appealed the decision to the Court of Appeals which affirmed the District Court ruling. Bragdon then appealed to the U.S. Supreme Court.
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Canada v Thwaites (Trial Division 1994)

1994
Thwaites, a master seaman in the Canadian Armed Forces (CAF), was dismissed from his job. He filed suit against CAF alleging that his right to be free from discrimination was violated as his dismissal was due to his HIV status. The Human Rights Tribunal held that CAF had discriminated against Thwaites due to his HIV status in violation of his rights. CAF appealed the Tribunal’s decision on the grounds that the Tribunal erred in assessing the risks Thwaites posed to others and to himself.
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Canadian AIDS Society v Ontario (Court of Appeal 1995)

1995
The Canadian AIDS Society sought a declaration that Health Protection and Promotion Act (HPPA) and the Laboratory and Specimen Collection Centre Licensing Act (LSCCLA), which required that blood donors and public health authorities be notified if the donor is HIV positive, violated the donor’s right to life, liberty, security and be free from search and seizure.
Read further » 5891_104_Canadian AIDS Society1.pdf

Canadian Pacific Ltd. v Canada (Court of Appeal 1990)

1990
Fontaine was contracted by his employer to Canadian Pacific (CP) to work as a cook. He was constructively dismissed from employment after his HIV status was discovered by CP. Fontaine appealed his dismissal to the Human Rights Tribunal, claiming a violation of his right to be free from discrimination under the Charter. The Tribunal concluded that CP had violated Fontaine’s right to be free from discrimination for dismissing Fontaine on the basis of his HIV status. CP appealed this decision.
Read further » Canadian Pacific Limited v CHRC and Fontaine.pdf

Closing the Impunity Gap - Southern Africa’s Role in Ensuring Justice for the 1994 Genocide in Rwanda

2011
The Report draws on the outcomes and findings of the Conference “Closing the Impunity Gap: Southern Africa’s Role in Ensuring Justice for the 1994 Genocide in Rwanda Moving Beyond the Tribunal’s Completion Strategy and Residual Mechanism” held In July 2011 in collaboration with African Rights and REDRESS.
Read further » Closing the Impunity Gap - Report.pdf

Closing the Impunity Gap: Southern Africa's Role in Securing Justice for the 1994 Rwanda Genocide

2011

Read further » Closing the Impunity Gap - Southern Africa\'s Role in Securing Justice for the Rwanda Genocide - Report.pdf

Conference: Closing the Impunity Gap - Genocide Justice in Southern Africa

2011
SALC’s Criminal Justice Programme hosted Regional conference securing accountability for the Rwanda genocide in light of the large number of perpetrators believed to be living in Southern Africa
Read further » Regional Conference on Southern Africa\'s role in Ensuring Justice for the Rwanda Genocide.pdfAgenda - Closing the Impunity Gap- Securing Justice in Southern Africa.pdfClosing the Impunity Gap-Southern Africa and the ICTR-Conference Note.pdf

Covarrubias v. Minister of Citizenship and Immigration (Court of Appeal 2006)

2006
Covarrubias, a Mexican national, applied for refugee protection due to the lack of medical treatment available in Mexico to address his medical condition. The Immigration and Refugee Board and lower court denied his application. He appealed to the Federal Court of Appeal alleging in part that the health care exclusion in the Immigration and Refugee Protection Act (IRPA) violated the Charter.
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D v United Kingdom (European Court of Human Rights 1997)

1997
D pled guilty to possession of cocaine while trying to enter the United Kingdom and was sentenced to six years imprisonment. Whilst in prison he was diagnosed with HIV and as suffering from AIDS. Upon his release from prison D was placed in immigration detention pending his removal to St. Kitts. D challenged his removal, arguing that the lack of medical care for AIDS sufferers in St. Kitts violated his right to be free from torture, cruel, inhuman or degrading treatment.
Read further » tbl_s5105SACaseDockets_FileUpload5891_82_CASE_OF_D _v _THE_UNITED_KINGDOM.pdf

De Bruyn v Minister of Justice and Customs (Federal Court 2004)

2004
South Africa requested extradition of De Bruyn. De Bruyn challenged his extradition claiming that it would be unjust given the high risk for men of contracting HIV in South African prisons. In support of his claim, De Bruyn produced a number of news articles discussing the high prevalence rate of HIV in South African prisons. The Minister of Justice rejected De Bruyn’s claim reasoning that there was no evidence that De Bruyn would contract HIV if he was extradited. De Bruyn appealed the decision to the Federal Court.
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Decriminalising High Risk Behaviour as a Key Component of HIV Prevention and Transmission

2010
In May, Malawian President Bingu wa Mutharika pardoned Steven Monjeza and Tiwonge Chimbalanga, who were convicted for carnal knowledge against the order of nature and gross indecency between males after holding a traditional engagement ceremony at a lodge in Blantyre, Malawi. They had been sentenced to the maximum fourteen years with hard labour by a Magistrates’ Court.
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Diau v Botswana Building Society (Industrial Court 2003)

2003
Diau’s employment at the Botswana Building Society (BBS) was conditional upon a six-month probationary period and a full medical examination. Part of the medical examination included an HIV test, which Diau refused to take. She was dismissed. Diau filed a claim against the BBS alleging violations of her right to privacy, be free from unfair discrimination, liberty, and be free from inhuman and degrading treatment.
Read further » tbl_s5105SACaseDockets_FileUpload5891_62_Diau-typed.pdf

Doe v. City of New York (Second Circuit Court 1994)

1994
Doe filed a claim against Delta Airlines with the City of New York Commission on Human Rights claiming that Delta discriminated against him based on its suspicion of his HIV status. The parties reached a settlement agreement, which included a confidentiality clause stating that Delta and the Commission would not disclose Doe’s name in connection with this claim. Despite the confidentiality clause the Commission issued a press release disclosing the terms of the agreement.
Read further » 5891_96_Doe v City of NY.pdf

Doe v. Southeastern Pa. Trans. Auth. (Third Circuit Court 1995)

1995
Doe, an employee of South Eastern Pennsylvania Transportation Authority (SEPTA), brought an action alleging that SEPTA violated his right to privacy by disclosing his HIV status to two individuals within the company. A senior official at SEPTA learned of Doe’s status from the medication he was taking while reviewing an employee prescription drug program and disclosed Does’ status to two other individuals. The jury awarded Doe damages. The decision was appealed.
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Donate

2010
Bank Details
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Dongo v Registrar General

2010
The landmark ruling follows a case in which former Harare South legislator Mrs Margaret Dongo had sought the nullification of certain provisions of the Guardianship of Minors Act, which she claimed were discriminatory against married women who were not regarded as natural guardians of their children.
Read further » Margaret Dongo Vs Registrar General Supreme Court Judgement.pdf

Draft General Comment 34 on Article 19

2011

Read further » un-draft-on-article-19.doc