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East Africa

 Tunisia faces increasing concerns over a rollback of freedoms under President Kais Saied [Getty]

Tunisia has said it is withdrawing from the human rights court of the African Union, as rights groups denounce another rollback on freedoms in the increasingly authoritarian North African nation.

Tunisia announced in a declaration circulated by activists since Thursday "the withdrawal of its recognition of the competence of the (African Court on Human and Peoples' Rights) to accept cases from individuals and non-governmental organisations".

The statement did not provide a reason for the government's withdrawal from the Arusha-based court, which is tasked with enforcing the AU's human rights charter.

The Tunisian foreign ministry did not respond to AFP's requests to comment.

Tunisia had granted its citizens and NGOs the right to petition the court in 2017 after it emerged as the only surviving democracy from the Arab Spring of 2011.

Kais Saied was elected president in 2019 but in 2021 he staged a sweeping power grab and human rights groups have since raised concerns over a rollback on freedoms.

A number of his leading critics are currently behind bars.

Some are being prosecuted in an ongoing mass trial on charges of plotting against the state. Human rights groups have denounced the case as politically motivated.

In May 2023, the relatives of four detained opposition figures, including Ennahdha party leader Rached Ghannouchi, filed a case with the African court demanding their release.

In August, the court ruled against Tunisia, urging authorities to stop preventing the detainees from accessing their lawyers and doctors.

The Tunisian League for Human Rights (LTDH) denounced Tunisia's withdrawal from the court as a decision "taken secretly".

It said the move was "a dangerous step backwards and an attempt to withdraw from independent judicial institutions capable of fighting impunity and guaranteeing justice".

Tunisian human rights group, the CRLDHT, said the withdrawal "nullifies a historic commitment" to the court and was "a shameful renunciation" of Tunisian pledges to protect human rights.

"This decision now deprives Tunisian citizens and human rights organisations of the ability to bring cases directly before the African court to challenge state violations," it said. The New Arab & Agencies

 

In an opinion dated March 13, 2025, published on Radio Tamazuj, one lawyer seemed to contend that the circumstances surrounding Dr. Riek Machar’s home amounted to false imprisonment. The learned author appeared to conflate law with politics, even though some legal principles may overlap with political considerations. The innocent and unsuspecting public may be misled by his conclusion that “surrounding Dr. Machar’s residence with forces met the criteria of false imprisonment.”

This conclusion, to me, is contradictory, considering both past and contemporary legal and political trajectories. Understanding this issue requires placing various legal principles, including but not limited to the definition of false imprisonment, into context.

What Does the Law Say?

The notion of false imprisonment in South Sudan’s legal system can be traced back to the Magna Carta of 1215, an early constitutional instrument in Europe that prohibited the deprivation of personal liberty in a manner not provided for by law. Common law courts have since addressed numerous cases of false imprisonment, including two notable cases: Bird v. Jones [1845] 7 QB 742 and Meering v. Grahame-White Aviation Co. Ltd (1920) 122 LT 44. In Bird v. Jones, Lord Denman CJ of the High Court of England and Wales stated:

“Every restraint of a man’s liberty under the custody of another, whether in a gaol, house, stocks, or in the street, is in law an imprisonment; and whenever it is done without proper authority, it is a false imprisonment, for which the law provides a remedy.”

False imprisonment is both a civil and criminal wrong and is actionable per se.

Upon gaining independence in 2011, South Sudan inherited several legal systems, including English law, whose features are present in various legislations, such as the South Sudan Penal Code Act of 2008. While the Penal Code Act does not explicitly provide for the offense of false imprisonment, Section 284 addresses wrongful confinement. It states that whoever confines a person in such a manner as to prevent them from proceeding beyond certain circumscribing limits commits the offense of wrongful confinement. However, it is unclear whether the lawyer’s conclusion on false imprisonment was made in the context of a crime or a tort.

From the 1845 English definition of false imprisonment, a key element is the absence of “proper authority.” This definition has remained consistent. The latest legal definition of “false imprisonment” in Black’s Law Dictionary (12th Edition) describes it as the restraint of a person in a bounded area without justification or consent. The key elements here are “without justification or consent.” Before concluding that surrounding Dr. Machar’s residence amounts to false imprisonment, it is imperative to address these key elements: the absence of proper authority or justification, and the lack of consent. I will elaborate on this below to put the matter to rest.

Authority

The contentious issue is whether the person who ordered the deployment of forces around Dr. Machar’s residence had proper authority or justification. In the current political hierarchy, Dr. Machar, as the First Vice-President, enjoys immunity and can only be deprived of his liberty upon orders from the President if the issue is political. Such authority falls within the constitutional powers of the President of the Republic. There is no dispute that the President has proper authority.

Article 1.5.1.1 of the Revitalized Agreement on the Resolution of the Conflict in South Sudan (R-ARCSS), 2018, stipulates that H.E. Salva Kiir Mayardit shall continue as the President of the Republic of South Sudan. Among other functions, the President has the power to preserve and protect the sovereignty and territorial integrity of the Republic of South Sudan (Article 1.6.2.1 of the R-ARCSS) and to perform any other function as prescribed by the Transitional Constitution of the Republic of South Sudan (TCRSS), 2011 (as amended), the Agreement, and the law (Article 1.6.2.20 of the R-ARCSS).

Article 101(a) of the Transitional Constitution of South Sudan, 2011 (as amended), mandates the President to preserve the security of South Sudan and protect its territorial integrity. Under the current legal system, the President, vested with the power to preserve South Sudan’s security, can order forces to surround any residence, even that of the First Vice President. Some lawyers might argue that such an action violates the R-ARCSS. However, surrounding Dr. Machar’s residence with forces, if ordered by the President in the interest of safety and security, falls within the constitutional powers entrusted to the President. There is no inconsistency in the exercise of such powers that would invoke the Supremacy Clause of the Agreement under Article 8.2 of the R-ARCSS. I would therefore contend that the President had proper authority, and as such, there is nothing illegal about the confinement.

Justification

Having proper justification implies that there must be a valid reason for a particular action. Was there justification for the deployment of forces around Dr. Machar’s residence? The answer could reasonably be yes.

Given the controversial nature of the revitalized agreement, it can be argued that following the Nasir incident, security around Dr. Machar’s home was necessary for his personal safety. Another justification could be preventive detention, aimed at restraining Dr. Machar from reverting to his military constituency, which could escalate tensions.

From the above analysis, there is no convincing evidence that surrounding Dr. Machar’s home amounts to false imprisonment in law. The lawyer’s opinion appears to be more political than legal. As to whether the courts can determine the legality of the situation, the political question doctrine may currently hinder such a determination.

At this stage, the immediate solution lies not in the law but in the ability of the President and his First Deputy to agree that the country’s interests supersede their own. Two competing political interests should not overshadow the interests of the honourable citizens of South Sudan.

The author, Kumbogbia Benty, is a Barrister and a Master of Laws candidate at the University of Galway, Ireland. (This email address is being protected from spambots. You need JavaScript enabled to view it.)

The views expressed in ‘opinion’ articles published by Radio Tamazuj are solely those of the writer. The veracity of any claims made is the responsibility of the author, not Radio Tamazuj. Radio Tamazuj

By JULIUS MBALUTO


Women from diverse communities gathered at West Herts College to commemorate this year’s International Women’s Day. They spoke about great things they do but their focus was on mental well-ness. The event was hosted by Spiced in Watford Cooking Experience founded by Eva Mbiru. It has been supported by Watford Football Club, Chamber of Commerce, Rennie Grove Peace Hospice Care and Rotary Club.


The event was attended by Watford MP Matt Turmaine, PC Dani Howlett-Bolton -Community Engagement Officer, CLLR Rabi Martins, Guest Speaker Neelam Chalwa and others. Singer LadyPruu ensured all were entertained. The aim of Spiced in Watford cooking series is to create a conducive environment where anyone going through mental stress at home or workplace can meet other people going through the same to chat and socialize while cooking.Experts have argued that cooking activity can nourish the body, the mind and soul. Others see it as an experimental therapy.

Speaking during the meeting, MP for Watford Matt Turmaine said:


“We should remember what we think about International Women’s Day not just as one day of the year event but every day. Women have such a great hard time across the world, different regimes do not respect and treat women in the way that they should- in this country we struggle with what we call glass ceiling and equal pay even though its more than 50 years since equal pay was introduced by Barbara Castle and still, we don’t have equal pay. In relation to mental health, it’s a big health crisis and we really need to recognize that. There is a lot of health inequalities we experience that we have in the society. “


The MP said he is doing something to address that. The Guest Speaker Neelam Chalwa spoke on the importance of creating more awareness on Mental Health. She said,


“Tell people what mental health is. Mental health is not a negative word, it needs pampering. It needs looking after. “


She said although we cannot change the world, we should try to change the life even of one person. She urged all attending to prioritise looking after themselves to ensure their mental well-ness.


During the panel talk, different experts and leaders also in different fields shared about what they do and how they could be contacted in the future engagement. The key message to all women attending was to look after themselves and others for a better society.

Former ICT PS Edward Kisiang’ani.[File, Standard]

In a dramatic twist of fate, Prof Edward Waswa Kisiang’ani has been unceremoniously dropped as Principal Secretary for Broadcasting and Telecommunications and reassigned as an adviser to President William Ruto.

This follows his controversial directive barring government advertisements in private media, particularly the Standard Media Group, for being “anti-government.” While his reassignment may seem like a routine government reshuffle, it is, in reality, a disgraceful downfall of a man who once used the same media he sought to destroy, to build his own relevance.

Kisiang’ani’s story is a textbook example of political hypocrisy and should serve as a warning to those who believe they can weaponize state power against independent journalism.

Before his appointment as PS, Kisiang’ani was a frequent guest on TV political panels, where he gained prominence as an outspoken critic of the Uhuru Kenyatta administration. He leveraged media platforms such as Citizen TV, KTN, and NTV to push his political views and build his brand as an academic and political analyst. 

During the heated 2022 elections, he was a vocal defender of William Ruto’s presidential campaign, using the same media he later sought to undermine to advance his personal and political interests. Kisiang’ani made a name by calling out what he claimed were media biases against Ruto.

Ironically, once in government, he did exactly what he had accused the previous administration of — turning the media into an enemy when it refused to align with state propaganda.

Once he secured a powerful government position, Kisiang’ani wasted no time in trying to silence the very platforms that gave him a voice. His directive that all government advertising be channeled exclusively through the Kenya Broadcasting Corporation (KBC) was not only a financial attack on independent media but a blatant attempt to control the national narrative. 

His war against independent media quickly became a public relations nightmare for the Ruto administration. His move sparked immediate backlash from media stakeholders, legal experts, and civil society, leading to lawsuits and increased scrutiny of the government’s commitment to press freedom. 

The Law Society of Kenya took legal action, arguing that Kisiang’ani’s directive was unconstitutional and violated the principles of a free press. The Kenya Media Sector Working Group (KMSWG), a coalition of over 20 media associations, condemned the move as an attempt to financially cripple independent media houses that dared to hold the government accountable.

 

Soon, it became evident that Kisiang’ani had become a liability to the Kenya Kwanza administration. His dismissal as PS was a desperate attempt by the government to distance itself from the controversy he created. However, rather than holding him accountable, Ruto simply reassigned him as an adviser — an indication that his loyalty was still valued. 

Kisiang’ani’s downfall should be a clear warning to all public officials who believe they can use their positions to attack independent journalism.

The government may protect them for a while, but when the pressure becomes too much, they are quickly discarded. The media is not an enemy of the state — it is the Fourth Estate, an essential pillar of democracy that holds those in power accountable. Those who seek to silence it are bound to fail. His story is also a reminder that political loyalty does not guarantee protection. Today’s enforcer can easily become tomorrow’s scapegoat. 

While Kisiang’ani’s removal as PS is significant, it does not necessarily mean the government is abandoning its anti-media tactics. His directive to shift all government advertisements to KBC has not been officially rescinded, meaning private media houses continue to suffer financial strain.

If the government is serious about upholding press freedom, it must rescind Kisiang’ani’s directive and ensure government advertising is allocated fairly across all media houses; stop intimidation of journalists, who expose corruption and government failures and respect the role of the media as an independent institution that serves the public, not the ruling elite. By Jim Bonnie, The Standard

By JULIUS MBALUTO 

A new initiative known as Startup 360 Connect has just been announced. Its purpose is to fast track East African startups into the UK's investor and talents networks, offering access to Seed and source funding, international partnerships and global visibility.

This programme is a collaboration between the UK Government(via the UK-Kenya Tech Hub), Qhala and Jasiri Network. The programme will run from March to June 2025.  It's objective is to connect high-growth and high integrity startups in Fintech, Agritech, Climatech, Healthtech and other in demand sectors.

Nancy Masila of Jasiri Network and Enos Masinde Weswa of UK-Kenya Tech Hub in Nairobi are the programme Managers and Anne Salim of Qhala is the project Manager. During an interview with this newspaper, Anne said that Qhala was a digital acceleration lab and it connected low key players in the industry to big players. Currently, the focus is to connect startups  to access investors and other resources in the UK with a view to gain global visibility.

 

                                            

Enos Masinde Waswe - Country Director (UK-Kenya Tech Hub) 

      

Nancy Masila - Jasiri Network

 

Anne Salim - Product Manager - Qhala

Nancy Masila of Jasiri Network told this Newspaper that she was very excited to be part of this project. She said her key role is to give new startups access to networks and knowledge acquired for them to excel internationally. She said there was  a lot more money within the Diaspora which key players could register startups and make a difference back home. 
 
Enos Masinde Weswa Country Director of UK-Kenya Tech Hub said that the key goal was to connect startups with potential investors and networks in the UK. He said that there were three Tech- hubs in Africa, UK-Kenya Tech Hub, UK-Nigeria Tech Hub and UK-South Africa Tech-Hub. The main purpose of this is to support start-ups and help them grow to gain global visibility. 
 

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