Make sure all your search terms are spelled correctly. Try using other spellings of names, words, or acronyms that appear in your search terms. If you`ve never used an internet search engine before, you can let SINO do most of the work for you. A search engine is a computer program that presents you with a list of documents that meet the criteria you specify. They specify the criteria in the form “show me all the documents that contain the words X, Y and Z”. You can refine the criteria, for example: “Show me documents from the High Court of Botswana with the words X, Y and Z”. It is important to note that the INO search engine will send you a list of documents containing the words (or phrases) you specify. Therefore, you need to choose your search terms carefully. The best words (or phrases) are those that are unique or particularly distinctive and, of course, relevant to the subject of your request. After selecting the unique or distinctive words you want to search for, type them into the search form. Now, decide if you want to view the documents that when you are done, tap on Search.

A list of documents will be returned to you. You can edit your search in the query box at the top of the screen or use Back in your browser to return to the search screen and refine your search. Finally, decide to include all SAFLII databases, a single database, or a group of related databases (for example, All Jurisprudential Databases), and then make your selections from the list of databases. A number of interested parties – including three mobile network operators, a coalition of political parties and Article 19-East Africa (the East African section of the International Organisation for Freedom of Expression) – joined the case. The decision directive indicates whether the decision will be extended or summarizes the expression on the basis of an analysis of the case. As you can see in the header of the search results above, the page that displays the results of a SAFLII search offers four main ways to view your results. We recommend that you experiment with the different ways in which your search results can be displayed. At the top right of a results page, there is a panel that lists the “Repeat Search Via” options that you can use to repeat your AustLII search on other data collections.

The options are: SAFLII uses an open source search engine called SINO, developed by AustLII. Unless the automatic search recognizes your search as one of the above searches, the search type is replaced with one of these default words. Keep in mind that you can override the automatic search by explicitly selecting a different search type. Once you have searched on SAFLII, you will see one or more pages with results. At this point, you may decide to further refine the display of your search results using the features of the SAFLII search results screen described below. To find a case based on its metadata (names of the parties, file number and delivery date, year of the file, etc.), you do not need to fill in all the fields. You can use one or more search criteria; Search with the information you have. When you search from the advanced search pages, the system switches to Boolean mode by default. The Advanced Search form also allows you to select several other common search types (“all those words,” “words in a document`s title,” and so on).

If you want multiple phrases or words to appear in the retrieved documents, set the Boolean operator and between the two. For example, to find documents that contain the phrase “moral rights” as well as the word “copyright,” enter the following: moral rights and copyright. On the other hand, if you want to find a term and/or another term, put them in or between them. For example, to find documents containing the words treaty, convention, or international agreement, type: treaty or convention, or international agreement. If you wish, you can even merge these two searches – as in: (treaty or convention or international agreement) and moral rights and copyright. Using parentheses helps the search engine determine which instructions to process first. For more information, see the search operator diagram and the list of common words (words that can only be searched if they are enclosed in quotation marks or searched as expressions). If you want to find two words or phrases that seem quite close to each other (for example, parties to a case), you can use the Proximity Close operator. If you wanted to find cases where Smith Brown pursued (or was pursued by Brown), you have to type: Smith near Brown. The Near Proximity operator finds two words or phrases within 50 words of each other, occurring in any order.

For more information about other available proximity operators, see the search operator diagram Advanced search mode is suitable for finding a specific case if you have details that describe the case in question, such as (party names, case number, case year, etc.) Are you looking for legal information from other jurisdictions? Go to: www.africanlii.org www.bailii.org/form/search_cases.html www.worldlii.org In determining relevance, Justice Mativo noted that he had to consider two factors. First, it had to consider whether there is a “valid and rational connection” between how the DMS restricts the right to privacy and a legitimate public interest (the link cannot be so distant that the decision becomes arbitrary or irrational). Second, it must consider whether there are other means by which the CAK could achieve that public interest objective. [Para. 81] With respect to R v. Oakes of Canada, Mativo J. also noted that a common way to determine whether a law that restricts rights is justified is to assess whether the law is proportionate. Taking all this into account, he stated that a restriction of a constitutional right is constitutionally permissible if “(i) it is intended for an appropriate use; (ii) the measures taken to implement such a restriction are reasonably related to the achievement of that objective; (iii) the measures taken are necessary to the extent that there are no other measures which could achieve the same objective in the same way with a lower degree of limitation; and (iv) there must be an appropriate relationship (“proportionality stricto sensu” or “balance”) between the importance of achieving the right objective and the particular importance of preventing the restriction of constitutional law. [Para. 83] Judge Mativo noted that the CAK`s argument that the DMS was necessary to combat illegal mobile devices had to be examined in the light of the rationality check and the reliability/proportionality test. [Para.

80] He stated that the court must determine whether the CAK`s justification was “reasonably related” to a legitimate purpose. In this case, the legitimate objective was to “enable the CAK to fulfil its legal mandate”. [Para. 81] This required determining whether the “fight against illegal equipment” fell within the legal mandate of the CAK, which Judge Mativo would return to later. The importance of the case refers to the influence of the case and how its meaning changes over time. Using just one or two search criteria results in a high number of results – using more search criteria significantly reduces the number of results. Kenya`s Supreme Court ruled that the Communications Authority of Kenya`s plan to implement a system that would give them access to mobile subscribers` data was unconstitutional. The case was brought by the managing director of a legal trust, who found that the plan to install a communications monitoring system on mobile networks that would allow access to certain information of mobile subscribers, including their call recordings, was unconstitutional.

He argued that the process of policy formulation and implementation had not received adequate public participation and that the system itself constituted a violation of the privacy rights of mobile subscribers. The Kenyan government argued that the system was necessary to monitor and identify illegal mobile devices. The High Court found that the system posed “a threat to the privacy of participants” and that there were less restrictive measures that could be used to identify illegal devices. The High Court also found that the system had not been adopted in accordance with the law. In its judgment, the High Court relied on the jurisprudence on the right to privacy of a number of international and regional bodies, including the European Court of Human Rights and the United Nations Human Rights Committee. When you enter a search from the SAFLII homepage, the system treats it as an AutoSearch search. SAFLII analyzes the words you are looking for and tries to apply the right search approach for you. When all search results are displayed, you can choose between 10, 20 (default), 50, or 100 results per page using an option at the top of a results page on the right. The SINO search engine ranks the results as relevance by default, which means that the best matches appear at the top of the list. You`ll get the best results when you search for unique or distinctive words or phrases. Two additional search options that you will notice on the search form are the automatic search and this Boolean query. These are explained below.

Relevance is the default results display that lists results in order of their likely relevance to the search query, with the most relevant results occurring first. The | “Hide multiple sections” The “Show all sections” option makes search results that contain many references to legislation more readable by reducing the number of visible sections of a law or the clauses of a regulation. If the “Collapse multiple sections” option is selected, only the name of the law or regulation and the name of the most relevant section or clause will be displayed.