person submitting a case to be a victim of the violation. But there are exceptions to this rule, where non-victims may bring a complaint on behalf of the victim(s).13 On the other hand, the American Convention of Human Rights permits any person or group of persons, or any non-governmental entity legally recognized in one or more Member States of the Organization to submit a matter before the Inter-American Commission.14 The practice of the African Commission though somewhat similar to the actio popularis position under the Inter-American system, AC HP R is even wider as it places no restriction as to who can bring a Communication before it. As long as the conditions under Article 56 of the African Charter are met by the person standing before it, the African Commission will enter the Communication. The rationale for the Commission‟s comparative broader approach to the issue of locus standi has been associated with the peculiarity of the African situation, and the perceived generous intent of the African Charter.15 82. From the foregoing, the African Commission will entertain the Communication brought by Messrs Brain Spilg SC and Unoda Mack, being nonvictims, with no legal interest, because its jurisprudence makes it clear that there is no requirement of „legal interest‟ for authorship of a Communication.16 83. The African Commission holds the fact that Mr. Brain Spilg SC is not a Citizen of Botswana as argued by the Respondents will have bearing on this Communication. It is simply not a requirement for authorship of a 12 See Article 1 of the Optional Protocol to the International Convention on Civil and Political Rights See for example, Article 2 of the European Convention on Human Rights, which guarantees the right to life. Also, under the International Covenant on Civil and Political Rights, Fact Sheet No 7 provides for situations whereby a non-victim may bring a claim on behalf on behalf of another person, with or without the victim’s written consent. In certain cases, you may bring a case without such consent – Office of the High Commissioner for Human Rights, Fact Sheet No. 7 www.unhchr.ch/html/menu6/2/fs7.htm (accessed on 8 April, 2011). See also Fact Sheet No. 15, Centre for Human Rights, 1991, Geneva. 14 See Article 44 of Inter-American Convention on Human Rights 15 See generally, “Capacity to Bring a Communication before the African Commission on Human and Peoples’ Rights (Locus Standi), Working Document of the African Commission, 40 th Session, 15 – 29 November, 2006, Banjul, The Gambia 16 Para. 69-73 above. 13 18