89. In the circumstances, the Court holds that article 41(7) of the Respondent State’s
Constitution does not violate the Applicant’s right to equal protection of the law
guaranteed under Article 3(2) of the Charter.
C.
Alleged violation of the Applicant’s right to have his cause heard
90.The Applicant avers that by having
article 41(7)
as part of its Constitution, the
Respondent State has violated his right under Article 7(1)(a) of the Charter.
91.The Respondent State disputes the Applicant's allegation of a violation of Article
7(1)(a) of the Charter and argues that as a sovereign State it enjoys:
... exclusive,
ultimate
fundamental
legal
Respondent
and
comprehensive
framework.
Since
has the right to make
all
powers
powers
provisions
of
arise
law-making,
from
the
under
people,
its
the
in the Constitution or any other
written law.
92. It is also the Respondent State’s argument that article 41(7) of its Constitution is
protected by the doctrine of margin of appreciation. According to the Respondent
State:
...given that contracting States possess different legal and cultural traditions, it is
inevitable that States shall occasionally view the application of their obligations
under the African Charter on Human and Peoples’ Rights differently.
93. The Respondent State thus submits that:
the doctrine of the margin of appreciation provides the African Court on Human
and Peoples’ Rights with the means by which to permit national authorities to enjoy
the freedom
to apply the African
Charter on
Human
and
Peoples’
Rights
in
accordance with their own unique legal and cultural traditions without flouting the
ultimate objective and purpose of the Charter.
25