Papers | Africa Jurists And Judges Forum

Presented at the CSO event on the margins of the AU Summit 2025 on the theme of the year.

AMPLIFYING VOICES AND BUILDING ALLIANCES FOR REPARATORY JUSTICE AND HEALING - A PAPER BY HON. JUSTICE ISAAC LENAOLA.

The African Union’s theme for 2025 as “Justice for Africans and people of African descent through reparations” underlines a historic commitment to pursuing the reparations owed to Africans both on the continent and in

the diaspora, acknowledging the profound harm caused by the transatlantic slave trade, slavery, colonialism, and neo-colonialism.

Africa witnessed various massacres during the colonial period. The same includes, amongst others, the Congo Massacres during King Leopold’s Rule (1885-1908); the Herero genocide in Namibia, (Between 1904 and 1915), more than 80,000 Herero were massacred with great cruelty by troops led by General Lothar von Trotha; the massacre in Sotik (1800) of the Talai Clan by the British colonial government; Mau Mau uprising, the battle and massacre at Shar-al- Shatt on 23rd October 1911 that saw the death of about 4000 people and the Maji Maji Rebellion (1905-1907).

The claim for lost artifacts is also a struggle that often needs to be rekindled. African artefacts are currently contained in western museums, institutions and private collections. The most notable are the Goddess Statute of Ngonnso, Zimbambwe Birds, Maqdala treasures, the Nadji and Bangwa Queen amongst others.

Presented at the:

Ethical Dilemma in Regional Courts: Ceding Sovereignty, Balancing Impartiality, and Regional Interests

The establishment of regional courts has significantly impacted international law by promoting justice, economic integration, and human rights within their regions. For the purposes of our discussion, examples include the East African Court of Justice (EACJ), the COMESA Court of Justice, the ECOWAS Court of Justice, and the former SADC Tribunal. These courts enhance cooperation among member states and ensure adherence to regional treaties, despite each having its own legal framework. However, regional courts face dilemmas based on challenges in the environment in which they operate. They are constantly faced by challenges to their jurisdictions by member states who are often reluctant to cede sovereignty. Coming from member states which may have interests that may not always align with the regional interests may seemingly present challenges to their impartiality, but this is not the issue. The regional courts are bound by the treaties, laws and legal principles governing their regional economic community (REC) and their allegiance is to those laws and not any national interests. The challenge for the regional courts is the enforcement of their decisions by member states which may unethically prioritise national interests over regional interests, under the guise of protecting their sovereignty. It is therefore political challenges that surround the operation of the courts that present dilemmas which are crucial for panelists to address.