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James Read the Law Reporter: The Case Law of the African Commonwealth

Published online by Cambridge University Press:  28 July 2009

Extract

In the Introduction to this volume, brief reference was made to James Read’s work as General Editor of Law Reports of the Commonwealth. The series includes cases from every part of the Commonwealth, but the purpose of this brief note is to draw particular attention to some recent cases reported from African jurisdictions, some of which have no up-to-date series of law reports of their own.

Type
Articles
Copyright
Copyright © School of Oriental and African Studies 1996

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References

1 Above, p. 134. The writer of this note is Joint General Editor of the series.

2 The 1993–95 volumes reported cases from Botswana, Ghana, Kenya, Lesotho, Mauritius, Namibia, Nigeria, South Africa, Tanzania, Zambia and Zimbabwe.

3 A proposal to establish such a court in Zambia was rejected. See above, pp. 273–74.

4 State v. Makwanyane and Another [1995] 1 L.R.C. 269. See [1995] J.A.L. 192.Google Scholar

5 Republic v. Mbushuu and Another [1994] 2 L.R.C. 335Google Scholar (sub. nom. Mbushuu and Another v. Republic) [1995] 1 L.R.C. 217.Google Scholar

6 State v. Ntesang [1995] 2 L.R.C. 338, at 348.Google Scholar

7 Catholic Commission for Justice and Peace in Zimbabwe v. Attorney General [1993] 2 L.R.C. 279;Google ScholarPratt v. Attorney General for Jamaica [1993] 2 L.R.C. 349.Google Scholar For analysis of the CCJP case, see Hatchard, John, [1993] J.A.L. 185.CrossRefGoogle Scholar

8 Nemi and Others v. The State [1994] 1 L.R.C. 376.Google Scholar

9 Student Representative Council of Molepoolole College of Education v. Attorney General [1995] 3 L.R.C. 447. The case did involve other serious issues of discrimination.Google Scholar

10 Re Chikweche [1995] 2 L.R.C. 93.Google Scholar

11 Attorney General v. Kabourou [1995] 2 L.R.C. 757Google Scholar. One curious aspect of the judgment was the finding that the “vast majority of people born in Tanganyika before 9 December, 1961” were citizens of the United Kingdom and Colonies until independence: Ibid., 786.

12 Attorney General and Others v. Kasonde and Others [1994] 3 L.R.C. 144. For comment, see [1996] J.A.L 115.Google Scholar

13 [1995] 2 L.R.C. 61.Google Scholar The issue was exhaustively analysed in the Australian High Court in Theophanous v. The Herald and Weekly Times and Another [1994] 3 L.R.C. 369.Google Scholar