Political Prisoners In Africa

Burial of Mwalimu Jackson Karua in #Kenya: Leadership lessons I return from Kenya deeply moved by the funeral service of #MwalimuJacksonKarua in Kirinyaga. He was a teacher at a number of schools in the Mt Kenya area. The eulogies across generations revealed a man who lived a full, honest life, teaching through both his words and his example. His community remembered integrity, shared values, accountable governance and respect for human dignity. His life reminds us that leadership earns lasting trust when conviction and conduct walk together. Among the mourners were former President #UhuruKenyatta and several leaders aspiring to Kenya’s presidency in 2027, including Mwalimu’s daughter, Martha Karua @MarthaKarua I left with a distinct feeling that we might have shared that gathering with a future president. Whoever ultimately leads Kenya, the life we celebrated offers a demanding standard, honesty, humility, service and accountability to the people. I was equally struck by how freely speakers discussed their country’s challenges and future, without any apparent fear for their safety. That freedom to speak, question and hold leaders accountable is precious. Across Africa, leadership with integrity must protect it. Go well, Mwalimu Jackson Karua. Your 98 years leave a legacy that reaches beyond your family and Kenya. May we honour it through a shared pan-African commitment to principled leadership, human rights and public service rooted in respect for every person’s dignity. @TitoMagoti @civicspaceaf @TMF_Legacy

Deep song about #AfricaUnity

As the victims of lack of economic integration continue to scapegoat #Africanimmigrants, the corruption and looting machine continues unabated stealing the future of children and current jobs. #SouthAfrica like all other #African countries need to improve on governance and deal with corruption decisively. Otherwise our beloved continent is doomed sliding back to pre-colonial and pre-independence narrow ethnic contestations that take all of us nowhere.

#ZIMBABWE amends its Constitution in controversial circumstances. Today is a historically significant day in Zimbabwe as a constitution that was voted by over 94% of people voting in a referendum in 2013 is amended by Parliament and the President without a referendum. This issue will remain a sticky issue for a long time to come in Zimbabwe given historical, constitutional and political considerations. Historically, the liberation struggle was anchored primarily on the concept of one man (person), one vote. Thousands and thousands of people died for Zimbabwe to achieve this right. It has now just been wiped away for the election of the President. Just like that. Constitutionally, section 67 which is part of the bill of rights provides that every Zimbabwean citizen has a right to free, fair, and regular elections for any elective public office established in terms of the Constitution. This right to vote for a President as an elective public office has been taken away without a referendum as required by the constitution/law. Is this permissible legally? The answer to this question may lie with the Constitutional Court. Politically the constitution was made by the people of Zimbabwe starting with “We the people of Zimbabwe”. This raises the question of sovereignty and legitimacy arising from the authority of the people. There will be strong arguments whether Parliament and the President as delegated authority from “We the people of Zimbabwe” can have authority to change the fundamental constitutional design without the express authority of the people in a referendum. This conduct could be seen as political overreach by people who are in conflict of interest (Parliament and President) as they are all beneficiaries of the amendments without subjecting the process to the consent of the sovereign, “we the people”. Certainly there is a likelihood of conflictual outcomes arising from the fact that there are no easy answers to these and much more questions that many Zimbabweans are asking themselves. Time will tell. @AUC_PAPS @AfrikParliament @sadcpf @Newzroom405 @citezw

CAN A LAWYER APPOINTED AS AN ACTING JUDGE CONTINUE TO ACT AS DEFENCE COUNSEL? Good question asked by @Space2013M below in the context of the appointment of Adv Ngcukaitobi as an Acting judge of the Constitutional Court in #southAfrica. The question is important and needs a serious reply rather than an easy yes or no answer. The appointment of distinguished legal practitioners as acting judges of superior courts is a longstanding feature of many Commonwealth legal systems and, in itself, does not undermine judicial independence. Indeed, such appointments often enrich the judiciary by bringing specialist expertise, practical experience, and additional judicial capacity. The more pertinent question is the one you ask, that is, whether an acting judge may continue to practise as a lawyer while exercising judicial authority. While legal systems differ in their approach, international standards on judicial conduct emphasise that judges must not only be independent and impartial but must also be seen to be so. Public confidence in the administration of justice depends as much on perceptions of independence as on its actual existence. Where a practising advocate or attorney serves as an acting judge, careful safeguards are therefore required. These ordinarily include suspension of active legal practice during the period of judicial service, avoidance of matters involving former clients or professional associates, disclosure of potential conflicts of interest, and recusal where appropriate. Such measures protect both the individual judicial officer and the institution of the judiciary. The central concern is not the appointment itself, but the possibility that overlapping professional and judicial roles may create actual or perceived conflicts of interest. Even in the absence of impropriety, circumstances that give rise to reasonable apprehension of bias may diminish public confidence in the courts. The principles reflected in the UN Basic Principles on the Independence of the Judiciary and the Bangalore Principles of Judicial Conduct therefore suggest that acting judicial appointments should be accompanied by clear ethical safeguards that preserve impartiality, integrity, and public trust. Properly managed, acting appointments can strengthen the administration of justice; insufficiently regulated, they may raise legitimate questions regarding the appearance of judicial independence. Ultimately, the test is whether a fair-minded and informed observer would remain confident that the acting judge exercises judicial power free from professional, financial, or external influences. The preservation of that confidence is indispensable to the legitimacy of the judiciary. Good question you ask.

Congratulations my brother @hakimorara for this deserved appointment. @AmnestyKenya are in a safe pair of hands! All the best as you carry out this important mandate.