claims,
proves
that the
Respondent
State
violated
his
rights
protected
under Articles 2 and 3 of the Charter.
Ill.
| BRIEF BACKGROUND
6.
By
the
OF THE MATTER
initial Application
No.
001/2017,
filed
on
16 January
Applicant alleged that he was denied justice in the Supreme
2017,
the
Court of the
Respondent State in violation of his rights protected under the Charter.
Es
According
Review
to the Applicant,
Bench
the truncation
of the Supreme
Court
of the judicial
of the
Respondent
process
State
by the
and
its
assumption of jurisdiction in his case violated his rights to have his cause
~ heard
and
to non-discrimination
alleged that the Review Bench,
protected
under
the
Charter.
He
also
as constituted, was impartial and that the
comments of one of the Judges, displayed bias.
8.
On 28 June 2019, the Court rendered the judgment on the initial Application
wherein it held:
v.
Finds that the Respondent State has not violated Article 2 of the
Charter on the right to non-discrimination;
vi.
Finds that the Respondent State has not violated Article 3 of the
Charter on equality before the law and equal protection of the law.
vii.
| Finds that the Respondent State has not violated Article 7 (1) of
the Charter on the right to have one’s cause heard by a competent
tribunal.
vii.
| Finds that the Respondent State has not violated Article 7 (1) (d)
of the Charter on the right to be tried by an impartial tribunal in
respect to the composition of the Review Bench of the Supreme
Court.
ix.
Finds that the Respondent State has not violated Article 7 (1) (d)
of the Charter in respect to the remarks made by Justice Dotse in