Charter. The Commission has also adopted many resolutions expounding the provisions of
the Charter.
35. These three mandates are complementary
and are carried out by the 11 Commissioners
appointed in terms of Article 31 of the Charter and exercised in accordance with the Charter
and the Rules of Procedure of the Commission as envisaged in Article 42 (2) of the Charter.
The
Respondent
State’s
allegation
of bias,
from
the
actions
taken
by
a
but perceptions,
oe
An adjudicator cau:
InP in allegations) of bihs where there is legitimate fear of lack of
impartiality affects the pul
and ee
deriving
bie equally important where bias is alleged.
ic’s confidencé i in that court's ability to deliver justice. Courts are
themselvey Sfp thi, if they! Walla site confidence in the public in a democratic society.
Similarly, this comin s credibility
be biased. The)
yp
ay
“ay
éstion is HW
isi at stake where one of its adjudicators is alleged to
fore whether the imputed statements are sufficient to create
doubt in the mind of an objective person of the Honourable Commissioner's impartiality in
th
adjudicating this G
mimunication.
38. The Commission notes that the Honourable Commissioner was speaking from a nuanced
perspective as the Special Rapporteur on Freedom of Expression and Access to Information
in Africa. That position requires her to keep abreast with allegations of violations of freedom
of expression and to follow up on state implementation of recommendations, urgent appeals
and any other measures taken by the Commission to protect individuals whose rights have
been infringed upon through the exercise of their freedom of expression. The Honourable