Skip to main content

Africa

ID
1001
Level
Global Region

Republic v. Hwangwa

The appellant was convicted of defiling a 12-year-old girl and appealed the conviction on the grounds that the intercourse was consensual and that he believed the complainant was older than 12 years at the time. The Court dismissed the appeal and noted that the evidence was sufficient to prove a lack of consent but also that, at 12 years old, the complainant was too young to give consent.

Republic v. Mzungu

The appellant was charged with defilement for having unlawful carnal knowledge of a girl under 13 years of age. The trial court convicted him of indecent assault because there was no penetration. He appealed his conviction for indecent assault because it was not included in the original charge. He also argued that his sentence was excessive.

Republic v. Orero

The defendant was charged with murder by stabbing the deceased woman. The prosecution presented evidence that the accused had stalked the deceased for days, at school and at home, and he had threatened to kill the deceased. Four days before the murder, the deceased, her father, and her brother visited the home of the defendant and his brother, with whom the defendant lived, about the defendant’s harassment and stalking of the deceased. Witnesses testified that the defendant became angry at the accusations and falsely accused the deceased of following him.

Republic v. Peter

The appellant was found guilty of defiling a girl under 13 years of age and appealed on the grounds that the sentence is excessive and that his taking care of his grandparents should be considered as a mitigating factor. The complainant had since been diagnosed with a sexually transmitted infection and medical examinations revealed multiple instances of sexual abuse.

Republic v. Ratemo

The accused appeared at his former girlfriend’s kitchen window from outside and poured an acid-like substance on her. The substance was later determined to be sulfuric acid. The victim suffered first and second degree burns over 60% of her body, which resulted in a complication in the form of pneumonia in both lungs and caused her death. The court found that the prosecution proved its case beyond reasonable doubt and convicted the accused of murder.

Request to access conformity with the Constitution of procedural rules of the Provincial Assembly of Tanganyika (Requête en appréciation de la conformité à la constitution du Règlement intérieur de l’Assemblée provinciale du Haut-Uélé R.Const. 172)

The Constitutional Court considered a challenge to the internal provincial government’s procedural rules which included, among other claims, that one Article of the procedural rules violated the gender equality requirement of Article 14 of the Constitution.  The Court found the procedural rules to conform to Article 14, provided that they must be understood and interpreted in light of line four of Article 14, which requires equitable representation of women in provincial institutions (available at pages 46-50 on linked site).

Revised Family Code

The current family law in Ethiopia provides that there must be, inter alia, consent by both spouses to constitute a valid marriage (Article 6); respect and support between spouses (Article 49); equal rights in the management of the family (Article 50); fidelity owed by both husband and wife (Article 56). This is a substantial step forward in Ethiopian law.

Subscribe to Africa