142. The Commission notes further that in the event of a failure of the national courts to protect the rights of the Victims, access to alternative forums such as the African Commission remains intact. The Commission therefore, takes the view that Article 7(1)(a) of the Charter does not impose an international legal obligation on the Respondent States to ensure access to the SADC Tribunal and thus finds that there has been no violation of Article 7(1)(a) of the Charter. 143. In relation to Article 26 of the Charter, apart from the contention that when read together with Article 7 of the Charter, it guarantees a right of access to the SADC Tribunal, the Complainant argues that it imposes a duty on the Respondent States to ensure the independence, competence and institutional integrity of the SADC Tribunal. Article 26 of the Charter provides that "State Parties to the present Charter shall have the duty to guarantee the independence of the courts and shall allow the establishment and improvement of appropriate national institutions entrusted with the promotion and protection of the rights and freedoms guaranteed by the Present Charter". The question that needs to be answered is whether Article 26 of the Charter imposes an obligation on the Respondent States vis-?-vis the SADC Tribunal. 144. The Commission agrees with the Complainant that Article 26 of the Charter should be read together with Article 7 of the Charter. In that regard, the Commission takes the view that reference to "the Courts" in Article 26 of the Charter cannot be reference to an international court but is akin and related to the national judicial organs mentioned in Article 7 of the Charter. The Commission notes that its established jurisprudence on the meaning and implications of Article 26 of the Charter apply to the national courts which exercise compulsory jurisdiction over individuals who have no possibility of opting out of the coverage of the judicial authority of those courts. Accordingly, the Commission does not find any Charter obligation on the Respondent States to guarantee the independence, competence and institutional integrity of the SADC Tribunal. 145. Having failed to find the existence of an obligation to ensure access to the SADC Tribunal in the separate analysis of Articles 7 and 26 of the Charter, the Commission is of the opinion that even a combined reading of the two provisions does not create an obligation to ensure access to the SADC Tribunal. Decision of the African Commission 146. In view of the reasoning above, the African Commission finds no violation of Articles 7 and 26 of the African Charter by the Respondent States. Done in Banjul, the Gambia during the 54th Ordinary Session of the African Commission on Human and Peoples Rights, 22 October to 5 November 2013. 1 Please refer to para 17 below for the details of the Seizure decision 2 The relevant judgement is attached as Annexure A to the Communication 3 Being the late William Michael Campbell a private company where he was a director and 75 other farmers. 4 Case No. SADC (T) 11/08, Annexure C to the Communication 5 Please see the Founding Affividat of William Michael Campbell, Annexure D to the Communication p10-29 (141-161 of the Communication compilation) and paragraph 2 of the Confirmatory Affividat of Benjamin John Freeth, Annexure L to the Communication (p.348 of the Communication compilation). 6 See Annexure D to the Communication. 7 Maked Exhibit F in the Founding Affidavit of Luke Muyandu Tembani annexed as p4-17 of the Communication compilation. 8 See letter referenced ACHPR/LPROT/COMM/409/12/SADC/0.1/194/12. 9 Communication 147/95 & 149/96 - Dawda K Jawara vs. The Gambia (2000) ACHPR, para 31- 34 10 Para 2, Note Verbale from Seychelles to the communication, Ref. MFA/353/132/1 and dated 18[sup]th[sup] July 2012, as referenced in para 25 above 11 Application No.001/2011 12 Application No.010/2011 13 Communication 65/92 - Ligue Camerounaise des Droits de l'Homme v Cameroon (1997) ACHPR. 14 Communication 322/2006- TsatsuTsikata vs. Republic of Ghana (2006) ACHPR 15 Communication 263/02 - Kenya Section of the International Commission of Jurist, Law Society of Kenya Kituo Cha Sheria vs. Kenya (2004) ACHPR. 18