Rule of Law

SALC’s Rule of Law work is integrated within its other programmatic areas and focuses on the following objectives:

  • To challenge encroachments on judicial independence.
  • To challenge practices where the executive seeks to encroach on the powers of parliament or the judiciary.

On-going cases:

Lesotho: Conduct advocacy and litigation to address unlawful arrests and military detention.

Precedent cases:

Lesotho: Support wife of late Brigadier Mahau to argue against the setting aside of the findings of the SADC Commission of Inquiry into Lesotho.
Botswana: Challenge interpretation of Constitution which allows President discretion to appoint High Court judges.
Swaziland: Challenging the constitutionality of the Sedition and Subversive Activities Act.
Swaziland: Challenging the constitutionality of the Suppression of Terrorism Act.
Swaziland: Challenging lawyer and editor’s arrest and detention for contempt of court.

06 Oct 2017 Kaajal Ramjathan-Keogh
2015-2017 BIENNIAL REPORT...

SALC envisions a region in which domestic and regional courts are strong, independent, and fully functional and in which they uphold and enforce the rule of law and human rights. To that end, SALC works with domestic lawyers in each…

Read More
25 Jul 2017 Staff Writer
SALC calls for #equalhealthforall...

1 March is internationally known as Zero Discrimination Day. Discrimination undermines human dignity and is a violation of human rights. As stated by the Joint United Nations Programme on HIV and AIDS (UNAIDS), the effects of discrimination aren’t isolated to the…

Read More
22 May 2017 Staff Writer
Media Advisory: Judicial Review of decision to grant refugee status to suspected...

Johannesburg- On Wednesday 24 May 2017, the Supreme Court of Appeal will hear an appeal lodged by the Consortium for Refugees and Migrants in South Africa in the case of the Consortium for Refugees and Migrants (CoRMSA) and others v President…

Read More
12 May 2017 Staff Writer
Oral statement on the Human Rights situation in Lesotho...

The submission statement raises concerns about human rights violations in Lesotho and speaks to the question of (i) continued failure of government of Lesotho to implement SADC Recommendations stemming from the SADC Commission of Inquiry into Circumstances Surrounding Lt. Gen Mahao’s…

Read More
02 May 2017 Staff Writer
SALC in the News: Philanthropy, Civil Society and Litigation – without these o...

Article credit: Daily Maverick There have recently been a number of high profile court cases brought by civil society organisations that have tested our Constitution and ensured that government functions within our constitutional framework. Such cases relating to our human…

Read More
28 Apr 2017 Staff Writer
Botswana: Appointment of High Court judges and procedures of the Judicial Servic...

In 2015, the Law Society of Botswana brought an application in the Gaborone High Court challenging the process of appointment of judges to the High Court in Botswana. The case focused on the interpretation of section 96(2) of the Constitution…

Read More