Constitutional Court

Death penalty for convicted HIV rapists unconstitutional – Lesotho court

A decision by the constitutional division of Lesotho’s high court has found controversial provisions in that country’s sexual offences law, unconstitutional. In particular, the court held that stipulating the death penalty for a convicted rapist, held to have known he was HIV positive at the time of the crime, infringed the constitutional right to freedom from discrimination and to a right to equality before the law.

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Just over 20 years ago, Lesotho’s then Minister of Justice, Law and Constitutional Affairs, Refiloe Masemene, introduced a new bill on sexual offences to parliament. Among other proposals, accepted by MPs and brought into law, was this: that the penalty for a convicted rapist, aware at the time of the crime that he was HIV Positive, was the death sentence.

No proof of grade 12 school certificate, so re-election of Zambian former minister declared invalid

When President Edgar Lungu lost the elections in Zambia in August 2021, one of the members of his party who was re-elected as an MP was Joseph Malanji, a former foreign minister. But that re-election was disputed by a rival for his seat who claimed Malanji did not meet the criteria because he did not have a grade 12 certificate, a requirement for election. The high court decided that the election was not valid. Malanji then appealed and the constitutional court of Zambia has now given its decision on the matter.

Top court delivers major victory for Zimbabwe’s children

 A new decision by Zimbabwe’s constitutional court (a separate chamber of the supreme court), has found sections of the criminal law unconstitutional because it completely fails to protect children aged 16 – 18 from sexual exploitation. The judgment also found sections that permit child marriage, involving children under 18, unconstitutional. The new judgment contains a harsh critique of an earlier high court decision that found the criminal law was valid, even though it did not conform to the constitution.

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Zimbabwe’s constitutional court has found that a law permitting sexual activity from age 16 is unconstitutional. This is because the constitution insists that only those over 18 should be considered adult.

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