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THE KENYAN STATE AND THE "SHAKAHOLA FOREST MASSACRE” - Policing and Managing Religious Beliefs

  THE KENYAN STATE AND THE "SHAKAHOLA FOREST MASSACRE” - Policing and Managing Religious Beliefs Enyinna S Nwauche (Prof) It is impossible for any State to effectively and sustainably determine citizens’ religious beliefs. But certain aspects of any belief system must be managed. Without being exhaustive, when belief systems threaten the lives of other citizens or even that of the faithful, States have to intervene. The State's intervention to challenge or restrict the outcomes of a religious organisation is often arduous. At the root of the dilemma that faces States is that intervention is a sanction or disapproval of a belief system. If States look the other way in the face of what others may call ‘weird’ belief systems, it is deliberate to ensure that the right to freedom of belief is meaningful. Evaluating the legitimacy or otherwise of certain beliefs is likely a slippery slope that often ends in discrimination and exclusion. Be that as it may, there is a line that re...
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The Criminalisation of Homosexuality and Secular African States

  The Criminalisation of Homosexuality and Secular African States ES Nwauche (Prof) Many liberal democratic African countries protect the dignity of their citizens but also criminalise homosexuality. This seeming paradox is plausible in many of these states where it is argued that homosexuality is an affront to African culture and Christianity. On these grounds, it may be argued that protecting public morals may be a good reason to treat their citizens undignifiedly. On the grounds of African culture, it is clear that such a nebulous term is too vague to justify such unconstitutional acts. Respect for all human dignity is a basic tenet of African culture. That respect recognises that people are different in identity matters, including sexual orientation. Respecting and recognising differences is a measure of tolerance rather than approval. At the least, tolerance requires Africans to respect the privacy of sexual relationships further. We are all at liberty to manage our contac...
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EXPERTISE IN ADJUDICATING RELIGIOUS BUSINESS DISPUTES

  EXPERTISE IN ADJUDICATING RELIGIOUS BUSINESS DISPUTES   ES Nwauche (Professor ) Liberal democracies imagine and conceive their judicial officers as omniscient and, therefore, capable of adjudicating all manner of disputes. On the other hand, Judicial administration understands the importance of expertise and often reflects such skills and experience in appointment promotion and location. Courts are divided broadly into civil and criminal divisions just as specialist courts, especially of a commercial type, have become routine and populated by experts. In addition, experts are summoned by courts and also supplied by litigants to enable courts to appreciate the difficulties and nuance of some cases fully.   Religion is a domain that courts have regularly and successfully engaged in when in most cases, they are asked to rule on the rights of citizens who beseech courts to protect their beliefs and practice.   In some cases, courts have developed  ‘av...
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  A SECULAR GHANA AND SUPPORT FOR ALL RELIGIONS AFTER BOMFEH V ATTORNEY GENERAL ES Nwauche   A little over four years ago, the Ghanaian Supreme Court delivered its judgment in James Kwabena Bomfeh v Attorney General (Suit No J1/14/2017. Judgment delivered on 23 rd January 2019). In that action, a citizen of Ghana brought an action for a declaration that: (a)   the Government of Ghana does not possess the legal authority to grant or allocate any public land, and consequently the decision of the Government of Ghana to allocate or grant 6.323 Ha of the public lands of Ghana for the construction of the Ghana National Cathedral to serve as Ghana’s Mother Church, is unconstitutional;   (b)   it is unconstitutional for the Republic of Ghana through its organs of Government, ministries, agencies, departments and/or authorized representatives to purposely aid, endorse, sponsor, support, offer preferential governmental promotion of, and/or be excessively ent...
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  WHEN IS RELIGION SOUND ACTIONABLE AS A NUISANCE IN SOUTH AFRICAN LAW ES Nwauche (Prof) When is noise emanating from a neighbour’s immovable property actionable in law? The Supreme Court of Appeal in Madrasah Taleemuddeen Islamic  Institute  v. Chandra Giri Ellaurie [2022] ZASCA 160 (24 November 2022)   that for nuisance to be actionable, it has to seriously and materially interfere with the plaintiff’s ordinary comfort and existence.       Mr. Ellaurie lives about 20 metres from the Madrasah Taleemuddeen Islamic  Institute’s property in Isipingo Beach, South of eThekwini in the KwaZulu-Natal Province. Of South Africa. On its property, the Madrasah conducts a school for Islamic studies with over 300 (three hundred) students who live in boarding facilities on the Madrasah property,  spread over three lots. Every day (5), five prayers are performed in the mosque on the Madrasah property. The Azaan, delivered by a Muadhin, precedes ...
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