Africa

Members of the Malawi Police Service assaulted, raped, and physically and emotionally abused 18 women and girls while on duty following the death of the police superintendent. Their victims, the plaintiffs, asked the High Court to review the Inspector General of Police for failing to control and investigate the officers. The plaintiffs asserted that their constitutional rights to not be subjected to torture, cruel, inhumane, and degrading punishments were violated by the officers and Inspector General.

The defendant, a transgender female sex worker, was charged with two counts of false representation with the intent to defraud after she offered her sexual services to two men and then took their phones. She was additionally charged with one count of committing an unnatural offense because she had sex with one of the men. The court found the defendant guilty of falsely representing herself because she propositioned the two witnesses for sex while presenting as a woman but possessed male genitalia.

Abraham Alfeus was convicted of murder with direct intent after admitting to shooting his intimate partner twice with a shotgun. The presiding judge, Naomi Shivute, read the ruling citing provisions of the Domestic Violence Act, Act 4 of 2003 and sentenced Alfeus to 30 years in prison.

The State appeals the decision in the High Court to acquit the accused of all charges of rape and abduction of an 11 year old by taking her away from her guardian with the intent to have sexual intercourse with her.  The Court reversed the acquittal and found the accused guilty on the charges of rape and abduction and affirmed an earlier judgment that the cautionary rule discriminates against women in violation of the Constitution and should only be used at a judge's discretion in extreme cases where there is some valid reason to question a complainant's veracity

Plaintiff filed for divorce from her abusive husband after he threatened to kill her. Under Namibian law, before a judge can issue a final divorce decree, the plaintiff must ask the defendant to restore his or her conjugal rights. This process effectively requires the filing spouse to give the other party, in this case an abusive husband, a chance to re-enter the marital home to restore his/her conjugal rights.

A Burkinabe woman (T.M.) sought legal separation from her husband (S.Y.) on the grounds of adultery. Legal separation was granted on the grounds that S.Y. had committed adultery (it had been agreed that the marriage would be monogamous). The judge concluded that the sole responsibility for the separation lay with S.Y. Custody of the children was given to T.M. The principle of legal separation is rarely considered by the Burkinabe courts. The judgement provides that legal separation can be requested on the same grounds as divorce, namely mutual consent or the fault of either spouse.

Saadia Ali, a dual French/Tunisian citizen, was attempting to obtain an official document from the court of first instance in Tunis when she was taken into custody, stripped of her clothing, and beaten by a prison guard in front of fifty male prisoners for verbally criticizing a Tunisian public official. Upon regaining consciousness, Ali was given a summary trial without due process and a suspended sentence of three months imprisonment for attacking a public official.

Appellant was convicted of defilement of a girl less than 18 years old and was sentenced to 12 years imprisonment. Trial testimony established that while the 13-year-old girl and her younger sister were fetching water at a well, appellant, disguised as a ghost, ordered the two to remove their dresses, blindfolded them, and led them through a swamp to some bush where he had sexual intercourse with the older sister. He then left the sisters in the bush overnight, and the sisters’ father was unable to find them.

The Same Sex Marriage (Prohibition) Act makes it illegal for  same-sex individuals to marry, enter into a civil union, or gain entitlement to any benefits of a valid marriage. Additionally, it prohibits the public display of same-sex relationships. Any marriage or union entered into legally outside Nigeria is considered void within the country and no related benefits are recognized.  The Act specially defines marriage as between a man and a woman and establishes criminal penalties against people who solemnize, witness, or aid various events supporting homosexuality.

The petitioner sought a divorce from her husband under common law rather than Islamic rite. After several years of marriage, (i) the petitioner discovered that the respondent had lied about being divorced prior to their marriage, (ii) the respondent stopped supporting her financially, and (iii) the respondent neglected their relationship.