Independent Panel is inconsistent with the principle of separation of powers, in particular judicial independence . Therefore , because the process for removal of the Victim is inconsistent with the principle of separation of powers, the effect is that the process violates the Victim 's right to have her cause heard , which is protected under Article 7(1) of the African Charter. The Complainant concludes that, if the Commission finds that the Respondent State's process for removal of the Victim from her office as Public Protector is inconsistent with judicial independence, it is submitted that this violates the Victims' right under Article 7(1) of the Charter. 108. The Respondent State, on the other hand , avers that the Communication does not allege any vio lation of the four elements which comprise Article 7(1) of the African Charter, and further that its Constitution protects the Victim 's right to have any dispute heard before a court, or where appropriate , another independent and impartial tribunal or forum . The Respondent State submits that the Constitutional Court decided that the inclusion of a Judge on the Independent Panel does not breach the separation of powers principle , therefore the Victim has not demonstrated a prima facie case of a breach of Article 7(1 ). 109. In assessing the alleged violation of Article 7(1 ), reference can be made to the Commission 's jurisprudence which provides that "the duty to guarantee the independence of courts is inextricably linked to , and a pillar of the right to fair trial. The right to have one's cause heard entails the right to have such cause heard by a court or tribunal that is independent of external , especially executive influence. In turn independence has implications for the actual or apparent impartiality of the court or tribunal. The right to have one's cause heard by an independent and impartial court or tribunal is an absolute right that is not subject to exceptions. "38 110. Bearing this in mind , the Commission notes that it has not found that the principle of separation of powers has been violated by the appointment of a Judge to the Independent Panel. In light of this , the Commission cannot find that the process violated the Victim 's right to have her cause heard . 38 Id, paragraph 146 39 Article 34 of the Consti tu tion of the Respondent State 20