94.In support of its arguments, the Respondent State has referred the Court to the
decisions
of the
ECHR
in Handyside
v United Kingdom
and
James
v United
Kingdom.
eK
95. Article 7(1)(a) of the Charter provides as follows:
(1) Every individual shall have the right to have his cause heard. This comprises:
(a) The right to an appeal to competent national organs against acts of violating
his fundamental
rights as
recognized
and
guaranteed
by
conventions,
laws,
regulations and customs in force;
96. The Court observes that the right to have one’s cause heard, as enshrined under
Article
7(1)(a)
of
the
Charter,
bestows
upon
individuals
a
wide
range
of
entitlements pertaining to due process of law, including the right to be given an
opportunity to express their views on matters and procedures affecting their rights,
the right to file a petition before appropriate judicial and quasi-judicial authorities
for violations of these rights and the right to appeal to higher judicial authorities
when their grievances are not properly addressed by the lower courts. 78 The Court
also notes that the right to have one’s cause heard does not cease to exist after
the completion of appellate proceedings. In circumstances where there are cogent
reasons to believe that the findings of the trial or appellate courts are no longer
valid, the right to be heard
requires that a mechanism
to review such findings
should be put in place.
97. The Court recalls that the right to a fair hearing encompasses several elements,
including the principle of equality of arms for parties to a case in all proceedings;
the opportunity
evidence;
and
to properly
to
respond
prepare
to the
a defence;
arguments
present
and
one’s
evidence
arguments
presented
by the
28 Werema Wangoko Werema v. United Republic of Tanzania (merits) (2018) 2 AfCLR 520 §§ 68-69.
26
and