customs in force; b) The right to be presumed innocent until proved guilty by a competent court or
tribunal.
104. Article 7.1 deals with the right to have one’s cause heard, which comprises, inter alia (a) the
right to appeal to competent national organs against acts violating their rights, and (b) the right to be
presumed innocent until proven guilty by a competent court or tribunal.
105. In the present communication, the victim went to the courts of the Respondent State. The courts
ruled in his favour against the deportation order. The victim petition the Supreme Court for
enforcement of his right to practice his profession after his accreditation was rejected, but before the
latter could hear the application, the Respondent State deported him. Could it be said that the victim’s
right to have his cause heard was violated by the Respondent State?
106. The right to have one’s cause heard requires that the victims have unfettered access to
competent jurisdiction to hear their case. A tribunal which is competent in law to hear a case must
have been given that power by law: it has jurisdiction over the subject matter and the person, and the
trial is being conducted within any applicable time limit prescribed by law. Where the competent
authorities put obstacles on the way which prevents victims from accessing the competent tribunals,
they would be held liable. These are the issues which must be borne out [sic] by the evidence to
warrant the Commission’s findings of a violation.
107. In the present communication, it is clear that the Respondent State did not want the victim to be
heard in the Supreme Court. To ensure that this happened, the Respondent State deported him out of
the country before the date scheduled for the hearing, thus effectively preventing him from being
heard. Admittedly, the victim could still have proceeded against the Respondent State from wherever
he was deported to, but by suddenly deporting him the Respondent State frustrated the judicial
process that had been initiated.
108. To this extent, the Respondent State is found to have violated Article 7.1.a of the African
Charter.
109. Regarding the allegations concerning the violation of Article 7.1.b, the Commission finds that the
deportation was effected in disregard of several High Court orders. The Immigration officers refused,
or failed to produce Mr Meldrum as was ordered by the Court. By doing so they denied him the right to
be heard by a competent and impartial tribunal. Instead they acted under the Immigration Act without
affording him an opportunity to defend himself. The actions of the Respondent State amounted to a
conclusion that Mr Meldrum was guilty of the allegations against him, contrary to the presumption of
innocence. The Commission finds that the conduct of the Respondent State amounted to a violation
of Article 7.1.b as alleged by the Complainants.
Alleged violation of Article 9
110. With respect to allegations of violation of Article 9 of the African Charter, guaranteeing freedoms
of expression, the Complainants submit that the deportation of Mr Meldrum deprived him of his rights
to receive information, and disseminate his opinions, as well as the right of the general citizenry to
receive information.
111. Article 9.1 of the African Charter provides that every individual shall have the right to receive
information. Article 9.2 states that “every individual shall have the right to express and disseminate his
opinions within the law”. Does the deportation of the victim violate his right to freedom of expression?
112. It should be recalled that the victim’s deportation arose from the publication of an article that the
Respondent State did not appreciate. The Respondent State resorted to deportation in order to silence
him, in spite [of] a court order that he can stays [sic] in the country. Admittedly, he is not prevented
from expressing himself wherever he was deported to, but vis-à-vis his status in the Respondent