11 within the personal jurisdiction of the Court in relation to the Applicant. The interest to act, for its part, refers to the notion of legitimate interest, in other words the legally recognized or protected interest, the existence of which the Court has to independently determine in each case. ln other words the capacity to act deals with the applicant whereas the interest to act relates to the action that he or she undertakes. 26. An action before the Court is indeed only allowed if the applicant justifies his or her own interest in initiating it. To show proof of such interest, the applicant must accordingly demonstrate that the action or abstention of the Respondent State applies to a right which the applicant has or the right or an individual on behalf of which it wishes to seize the Court. 27. In the instant case, since Mr. Mtikila, whose rights have allegedly been violated, is party to the case, the issue at stake is one of ascertaining if a non-governmental organization is also allowed to file an application based on the same allegations. It would have been a different situation if Mr. Mtikila had not initiated an action before the Court and that both nongovernmental organizations had acted for Mr. Mtikila and initiated action on his behalf. Ill) Merits 28. L am of the v1ew that barring independent candidates from certain eJections and the coiTclative obligation to belong to a political party are not in themselves violations of Articles I 0 and 13 ( 1) of the African Charter; they can only be violations of those provisions if they are