expert evidence

Mar
02
2023

New Kenyan judgment shows difficulties for courts when adjudicating environmental matters

By Carmel Rickard

A cohort of judges has been carefully trained by Jifa to deal with environmental and climate change cases. But what if those who bring petitions to court, even those who may have a genuine case, don’t present evidence that measures up? The latest decision from Kenya’s environment and land court illustrates the problem.

Read judgment

A new decision by Kenyan environment and land court judge, Anne Koross, illustrates some of the difficulties for courts handling environmental matters when litigants do not understand what is required in cases of this kind.

Sep
13
2018

Judge lays down the law for psychologists to testify

By Carmel Rickard

FOR as long as anyone can remember psychologists from SA, called to give expert evidence in the courts of their Namibian neighbours, have been able to do so without a problem. But no longer. A new high court decision, delivered as part of what appears to be a bitterly-contested divorce dispute, has held that no psychologist may give expert evidence in court unless registered with Namibia’s professional council – and that includes practitioners from just over the border.

This article first appeared in LegalBrief.

WHEN an unnamed couple began divorce action in Namibia no-one could have foreseen that it would result in new law, changing long-standing norms about who may give expert psychological evidence in that country.

At the heart of this particular element of the couple’s dispute was the question: when a psychologist from another country gives evidence in Namibia, does it amount to ‘practising’ there?

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