in the National Police Academy in successive batches, according to seniority
in rank and length of service.
70. The Respondent State submits that Article 47 leaves no room for ambiguity.
The Police Inspectors and non-commissioned officers concerned are those
who had the required qualifications, who graduated before 31 July 2008 and
had accumulated fifteen (15) years of experience at the time the
aforementioned decree came into force.
71. The Respondent State avers that none of the Applicants had the required
qualifications as at the date of entry into force of the aforementioned decree
in order to be part of the group admitted to the Police Training Academy to
be trained as police Superintendents and Inspectors, as they graduated
after the said decree had been issued.
***
72. The Court notes that Article 2 of the Charter provides:
Every individual shall be entitled to the enjoyment of the rights and
freedoms recognised in the present Charter without distinction of any
kind …
73. Article 3 of the Charter on its part provides:
1.
Every individual shall be equal before the law.
2.
Every individual shall be entitled to equal protection of the law.
74. Article 26 of the ICCPR states:
All persons are equal before the law and are entitled without any
discrimination to the equal protection of the law. In this respect, the law shall
prohibit any discrimination and guarantee to all persons equal and effective
protection against discrimination on any ground such as race, colour, sex,
18