ACHPR
African Commission on
Human Rig hts our
Human and Peoples' Rights
Collectiv<➔ Responsibility
namely competence ratione personae, materiae, temporis and /oci. 32 Concerning the
former, the Commission notes that this Communication seeks the protection of human
rights which is one of the objectives of the Constitutive Act of the African Union,
provided for in Article 3 (h) thereof. Furthermore, nothing in the Complainants'
submissions and Complaint reveals any incompatibility with the Charter. Concerning
jurisdiction, the Commission is satisfied that the Respondent State is party to the
Charter; the Complaint alleges prima facie violations of rights protected by the Charter;
the Complaint is brought in respect of violations that occurred after [the] Respondent
State's ratification of the Charter. 33 It follows that the Complainant has satisfied Article
56(2) of the Charter.
Article ~6 _
{3) of the Chart_
~r
47.Article 56(3) of the Charter states that "Communications ,,.received by the
Commission shall be considered if they are not w,ritten in disparaging or insulting
language directed against the State concerned • and its institutions or to the
Organization of African Unity (AU)". In Zimbabwe Lawyers for Human Rights &
Associated Newspap~rs of Zimbabwe v Republic of Zimbabwe, the Commission
•held that "in determiQing whether a certain remark is disparaging or insulting and
whether it has dampened the integrity of the judiciary, ,the Commission has to satisfy
itself whether the said remark pr language is aimed at unlawfully and intentionally
violating the di,grilty, reputation or integ_rity of a judicial officer or body and whether it is
used in a manner calculated to pollute the minds of the public or any reasonable man
to castaspersionson and weaken public confidence on the administration of justice." 34
48. Having analyzed the submissions of the Complainant, the Commission has not come
across any language that appears to be aimed at unduly impairing the esteem of either
the Respondent State or the African Union. In light of the foregoing the Commission
finds that Article 56(3) of the Charter has been complied with.
Article 56 {4) of the Charter
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