-~CHP.~~,,
AC H PR
) ' African Commission on
" ~ Human and Peoples' Rights
Human Rights our
Collect ive Responsibility
Article 56(1)
SO .Article 56(1) of the African Charter requires that a communication 'indicate its
authors even if the latter request anonymity.' The practice and jurisprudence of the
Commission posits that the provision requires the Complainants to provide their
identity20 and contact details 21 so that the communication is processed adequately.
This also provides an avenue for communication with the parties to ensure
continued interest in the matter or to request additional information that may be
requ ired pertaining to the communication .22 In the present case, Mashilo Alfred
Sako is identified as the complainant, represented by Advocate Shadrack Tebeile.
Therefore, the parties are sufficiently identified , and the communication duly
complies with Article 56 (1) of the African Charter.
Article 56(2)
51 .Article 56(2) of the African Charter requires a Communication to be compatible
with the Charter of the African Union or the Charter. Furthermore, the Commission
has interpreted this provision to include compatibility with the four (4) aspects of
its competence, namely competence ratione personae, materiae, temporis and
loci.23 The Commission is satisfied that this communication satisfies the four
aspects necessary to establish jurisdiction. The Commission notes that the
communication was introduced against the Respondent State, a party to the
African Charter (competence ratione personae)24, alleges the violation of rights
provided for in the Charter, in particular Articles 7(1) , 7(1)(a), 13(2), 13(3) and 15
(competence ratione materiae) of the African Charter, alleges that the violation
was committed in the territory of the Respondent State ( competence ratione loci)
°Communication 308/05: Michael Majuru v Zimbabwe, 24 November 2008, para 71.
2
21 Communication 70/92: lbrahima Dioumessi, Sekou Kande, Ousmane Kaba v Guinea,
para 11.
22 Communication 277 / 03: Spilg and Mack
& Ditshwanelo (on behalf of Lehlohonolo
Botswana, 12 October 2013, para 97
23 Communication 467 /14 - Ahmed Ismael and 528 others v. the Arab Republic of E
para 138.
24 Refer to Paragraph two (2) of these submissions.
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