****** 134. Article 12 (1) and (2) of the Charter which are relevant to the case at hand provides for the right of movement, states thus: “1. Every individual shall have the right to freedom of movement and residence within the borders of a State provided he abides by the law. 2. Every individual shall have the right to leave any country including his own, and to return to his country. This right may only be subject to restrictions, provided for by law for the protection of national security, law and order, public health or morality.” 135. The right to freedom of movement is a fundamental right which envisages that individuals are able to live, work and move freely within the borders of a state; leave their state; and return to their state whenever they please in accordance with the law. The African Commission succinctly put it when it held that “Free movement is crucial for the protection and promotion of human rights and fundamental freedoms. Freedom of movement and residence are two sides of the same coin.” COMMUNICATION 279/03-296/05, SUDAN HUMAN RIGHTS ORGANISATION & CENTRE ON HOUSING RIGHTS AND EVICTIONS (COHRE) V SUDAN (2009), PARAGRAPH 187. 136. Further, “The right to freedom of movement is a basic element of liberty. The freedom to leave one country for another allows individuals to escape political systems that deny them other basic freedoms, thus serving as a right of last resort. The right to return to one’s own country similarly guards against government repression by barring the state from exiling disfavored groups or individuals. The right to return also serves to strengthen the right to leave a country, in the case of non-nationals, as it 41