38 .
In the present Communication , the Complainant submits that the violations in the
Communication fall within the ambit of the African Charter, and further that the
Communication is in conformity with the Constitutive Act of the African Union and
the African Charter. The Respondent State, on the other hand, contends that a core
requirement for seizure and admissibility of a Communication is that the Victim must
demonstrate a prima facie case of a breach of the African Charter, and further that
the allegations of a Communication should provide prima facie evidence that a
provision of the African Charter has been violated .
39.
In order to address the Respondent State's contention , reference can be made to
Samuel T. Muzerengwa and 110 Others (represented by Zimbabwe Lawyers
for Human Rights) v. Zimbabwe , in which the Commission held the following:
"It is important to explain what prima facie violation of rights and freedoms entail.
The term 'prima facie ' means "on the face of it"; "so far as can be judged from the
first disclosure "; "a fact presumed to be true unless disproved by some evidence
to the contrary. " So, prima facie is a decision or conclusion that could be reached
from preliminary observation of an issue or a case without deeply scrutinizing or
investigating into its validity or soundness. "10
40.
Further, in Priscilla Njeri Echaria (represented by Federation of Women
Lawyers, Kenya and International Center for the Protection of Human Rights)
v. Kenya , it was noted that:
"The African Commission has jurisdiction over a Communication in this respect,
which alleges the violation of rights guaranteed in the African Charter. The subject
matter of the Communication must relate to the violation of a right protected in the
African Charter and the Complainant is only required to establish a prima facie
violation . In assessing whether a prima facie case exists, the African Commission
only needs to be satisfied that the facts before it points to likelihood that a right
protected in the African Charter has been violated. "11
41.
In the present Communication, the Commission observes that the Complainant
alleges violations of the African Charter including the right to have one's cause
heard , and in support of the allegations has submitted judgments of the High Court
and Constitutional Court as evidence of the violations. Accordingly , based on a
preliminary observation of the facts presented in the Communication, the
Commission considers that the allegations are specific enough to establish a prima
facie case. Furthermore , the Commission is of the view that the Communication
raises material elements which may constitute a violation of human rights, and as
such has competence rationae materae to deal with the matter.