EX.CL/717 (XX)
Page 47
33.
By the time this Communication was filed before the Commission no private
broadcasting license have been granted in Zimbabwe, leaving in place the State
broadcasting monopoly.
Articles alleged to have been violated:
34.
The Complainants allege violation of Articles 1, 2 and 9 of the African
Charter.27
Procedure:
35.
The Complaint dated 18 August 2005 was received at the Secretariat of the
African Commission on Human and Peoples’ Rights (the Secretariat) on 19 August
2005.
36.
The Secretariat acknowledged receipt of the same on 22 August 2005.
37.
An amended version of the Complaint, dated 6 October 2005, was received by
the Secretariat on 11 October 2005. On 11 October 2005, the Secretariat wrote to
the Complainants acknowledging receipt thereof.
38.
At its 38th Ordinary Session held from 21 November to 5 December 2005 in
Banjul, The Gambia, the African Commission considered the communication and
decided to be seized thereof.
39.
On 15 December 2005, the Secretariat notified the Respondent State of this
decision and requested it to forward its written submissions on the Admissibility of the
matter.
40.
On 30 January 2006, a similar notice was sent to the Complainants also
requesting them to forward their written submission on the Admissibility of the matter.
41.
On 25 April 2006, the Secretariat received the written submissions of the
Complainants on Admissibility.
42.
At its 39th Ordinary Session, the African Commission considered the
communication and decided to defer it to its 40th Ordinary Session pending the
Respondent State’s submission on Admissibility. The parties were notified
accordingly.
43.
At its 40th Ordinary Session, the African Commission considered the
communication and deferred its decision thereof to the next session. The
Complainant sent in further submissions on the communication and the Respondent
State also made its submissions during the said session.
27
The Complainants also aver that the provisions of Article 9 of the African Charter should be
read in light of the African Commission’s Declaration of Principles on Freedom of Expression
in Africa (Declaration), with Principles I, II, III, V, VII and XVI having particular bearing on
this communication.