Communication 431/12 – Thomas Kwoyelo v. Uganda 244. The Commission notes that although not expressly mentioned in Article 7 of the Charter, the right to a reasoned judgment is an inherent part of the right to fair trial.54 In this regard, the Commission’s Principles and Guidelines on the Right to Fair Trial and Legal Assistance in Africa recognizes the right to receive reasoned decisions as an essential element of a fair hearing. 55 According to the established case-law of the European Court of Human Rights, judgments of courts and tribunals should adequately state the reasons on which they are based. 56 Giving reasons for decisions or judgments is essential for litigants to be able to decide what course of action to take next including appeal and review. The principle of judicial transparency also demands it. 245. In the instant case, the Commission notes that the Supreme Court did not in fact give any reason for its decision to stay the execution of the consequential orders. Therefore, the Commission is of the considered view that rendering a judicial decision that curtails the fundamental rights of an individual and that overturns a decision of a lower court without giving proper reasons or justification is a violation of the right to fair trial under Article 7(1)(a) of the Charter. 246. The Complainant further challenges the validity of the decision of the Supreme Court by contending that at the time of the stay of execution, 30 March 2012, and as of 18 October 2012, the Supreme Court still did not have a quorum to entertain a constitutional appeal. The Complainant adds that the Supreme Court cannot hear the appeal until such time as judges are appointed and there is no timeframe for the appointment of judges by the President of Uganda. 247. In reply, the Respondent avers that the quorum issue was resolved on 20 June 2013 when new judges were appointed to the Supreme Court, making it fully Office of the High Commissioner for Human Rights (OHCHR) and the International Bar Association (IBA), Human Rights in the Administration of Justice: A Manual on Human Rights for Judges, Prosecutors and Lawyers (2003), p. 293. 55 ACHPR, Principles and Guidelines on the Right to Fair Trial and Legal Assistance in Africa, 2003, A(2)(i). 56 ECtHR, Garcia Ruiz v. Spain, (1999), para. 26 cited in OHCHR and IBA, n 54 above, p. 293. 54 66 62nd Ordinary Session, 25 April – 9 July 2018