605049
entire
Bench.
Furthermore,
the
Applicant
has
not
illustrated
how
the
judge’s
remarks at the Ordinary Bench later influenced the decision of the Review Bench.
132. The
Court therefore concludes
that the Respondent
State
has
not violated the
Applicant's right to be heard by an impartial tribunal guaranteed under Article 7 (1)
(d) of the Charter.
B. The
alleged
violation
of the
right to non-discrimination
and
the
right to
equality before the law and equal protection of the law
133.
The Applicant argues that his right to non-discrimination and right to equality were
violated as a result of Justice Dotse’s remarks and by the Supreme Court truncating
the proceedings.
134. The Respondent State contends that the Applicant has not demonstrated how he
has been discriminated against based on race, ethnic, group, colour, sex, language,
religion, political or any other opinion, national and social origin, fortune, birth or any
status. Furthermore, it avers that the Applicant has not demonstrated how he was
not accorded equal protection of the law.
kkk
135. Article 2 of the Charter states that “Every individual shall be entitled to the enjoyment of
rights and freedoms recognized and guaranteed in the present Charter without distinction
of any kind such as race, ethnic group, colour, sex, language, religion, political or any other
opinion, national and social origin, fortune, birth or any status.”
136. Article 3 of the Charter guarantees the right to equality and equal protection of the
law in the following terms: