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The Decision by the National Executive to Deliver the Notice of Withdrawal of South Africa from the Rome Statute of the ICC without Prior Parliamentary Approval was Unconstitutional and Invalid. Democratic Alliance vMinister of International Relations and Cooperation & 10 Others High Court of South Africa (Gauteng Division, Pretoria) Case No: 83145/2016 Mojapelo DJP, Makgoka […]

Court Declares it has Jurisdiction over Somalia’s Application against Kenya on Maritime Delimitation in the Indian Ocean and that it’s Admissible. Somalia v Kenya The International Court of Justice No. 161 President Abraham; Vice-President Yusuf; Owada, Tomka, Bennouna, Cançado Trindade, Greenwood, Xue, Donoghue, Gaja, Sebutinde, Bhandari, Robinson, Crawford, Gevorgian JJ; Guillaume, J ad hoc February […]

 A Service-Provider’s Provision, Criterion or Practice Policy that Disadvantages Persons with Disabilities Amounts to Discrimination First Group Plc v Paulley The Supreme Court of the United Kingdom [2017] UKSC 4 Lord Neuberger P, Lady Hale DP, Lord Kerr, Lord Clarke, Lord Sumption, Lord Reed, Lord Toulson January 18, 2017 Reported by Linda Awuor & Faith […]

Imposition of Employee Obligations on a Contract for Services Results in a Contract of Services Relationship Ms M Dewhurst v Citysprint UK Ltd Central London Employment Tribunal 2202512/ 2016 JL Wade, J January 5, 2017 Reported by Linda Awuor & Faith Wanjiku Download the Decision Employment Law-Employees and workers-self- employed contractors-whether a self-employed contractor could […]

The East African Court of Justice Does Not Have Jurisdiction To Revise, Review or Quash A Decision of The Constitutional Court of A Partner State. East African Civil Society Organization Forum v The Attorney General of the Republic of Burundi & 2 Others In The East African Court Of Justice At Arusha First Instance Division […]

Children have Rights which are Distinct from Other People’s Rights Makhlouf v Secretary of State for the Home Department Supreme Court of the United Kingdom [2016] UKSC 59 on appeal from [2014] NICA 86 Neuberger.P, Hale.DP, Kerr. J, Wilson J, Reed. J, Hughes. J & Thomas J November 16, 2016 Reported by Linda Awuor & […]

A Suit May Be Dismissed For Lack of Quorum Without Parties Being Heard In the matter between Baaitse Elizabeth Nkabinde & another and Judicial Service Commission & 3 others Constitutional Court of South Africa CCT 122/16 Mogoeng CJ, Cameron J, Froneman J, Khampepe J, Madlanga J, Mbha AJ, Mhlantla J, Musi AJ and Zondo J […]

A Protected Strike Can Not Be Converted Into An Unprotected Strike By the Addition of Impermissible Demands Transport and Allied Workers Union of South Africa obo MW Ngedle and 93 others v Unitrans Fuel and Chemical (Pty) Limited Constitutional Court of South Africa Case CCT 131/15 Mogoeng CJ, Moseneke DCJ, Bosielo AJ, Cameron J, Froneman […]

Provision of Reasonable Time for Public Participation is Mandatory Before The Enactment of a Statute In the matter between Land Access Movement of South Africa & 5 Others and Chairperson of the National Council of Provinces & 17 Others Constitutional Court of South Africa Case CCT 40/15 Mogoeng CJ, Moseneke DCJ, Bosielo AJ, Cameron J, […]

A Civil Right or Remedy is not Available Where a Statute Gives a Criminal Penalty for an Offence Committed by a Director of a Company Campbell v Gordon Supreme Court of the United Kingdom 2016] UKSC 38 on appeal from [2015] CSIH 11 Hale D.P, Mance J, Reed J, Carnwath J and Toulson J July […]

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