61. With regards to the Respondent State, the Commission notes that Zimbabwe has been a State Party to
the African Charter since 1986. Therefore, both the Complainant and the Respondent State have locus
standi before the Commission, and thus the latter has competence rationae personae to examine the
Communication before it.
62. Having decided that it has competence rationae materiae and rationae personae, the Commission will
now proceed to pronounce on the admissibility requirements and the contentious areas between the
parties.
Commission' s Analysis on Admissibillty
63. The current Communication is submitted pursuant to Article 55 of the African Charter, which allows the
Commission to receive and consider Communications, other than from States Parties. Article 56 of the
African Charter provides that the Admissibility of a Communication submitted pursuant to Article 55 of the
to seven conditions.6 The Commission has stressed that the conditions laid down in Article 56 of the African
Charter are conjunctive, meaning that if any one of them is not satisfied, the Communication will be
declared inadmissible. 7
64. The parties to the present Communication seem to agree that five of the conditions set out under Article
56 of the African Charter have been met. They are however in dispute over the application of two of the
conditions - 56(2) and 56 (5) of the African Charter.
65. Article 56(2) of the African Charter requires that the Communication must be compatible with the
Constitutive Act of the African Union and with the African Charter.
66. Article 56 (5) of the African Charter on its part requires that Communication brought under Article 55
shall be considered only if they "are sent after the exhaustion of local remedies, if any, unless it is obvious
that this procedure is unduly prolonged".
67. With respect to the Constitutive Act, the Commission will disallow any matter brought before it, which
seeks a remedy or redress which if granted, will contravene any of the provision of the said Constitutive
Act. Thus, in Katangese's Peoples' Congress V. Zaire8 , a redress which infringed on the doctrine of Uti
Possidetis Juris9 enshrined in Article3
× PRINCIPLES
Article III:The Member States, in pursuit of the purposes stated in Article II solemnly affirm
and declare their adherence to the following principles:1.The sovereign equality of all Member States.
2.Non-interference in the internal affairs of States.3.Respect for the sovereignty and territorial integrity of
each State and for its inalienable right to independent existence.4.Peaceful settlement of disputes by
negotiation, mediation, conciliation or arbitration.5.Unreserved condemnation, in all its forms, of political
assassination as well as of subversive activities on the part of neighbouring States or any other
States.6.Absolute dedication to the total emancipation of the African territories which are still
dependent.7.Affirmation of a policy of non-alignment with regard to all blocs.
of the OAU Charter and now in Article 4 (b) of the Constitutive Act, was rejected and the case declared
inadmissible.
68. In Kevin Mgwanga Ngumne et al V. Cameroon,10 the Commission, drawing inspiration from its previous
decisions affirmed that, the condition relating to compatibility with the African Charter, basically requires
that: (a) The communication should be brought against a State party to the African Charter 11 ;(b) The
communication must allege prima facie violations of rights protected by the African Charter12 ;(c) The
communication should be brought in respect of violations that occurred after ratification of the African
Charter or where violations that began before the State Party ratified the African Charter have continued
even after such ratification.13 To be in conformity with the African Charter also requires the petition to
contain a certain degree of specificity, and that the allegations are not vague.14 The view that the petition
should disclose violations of specific Charter rights have now been overtaken by the decision in SERAC et
al V. Nigeria. 15
69. A careful examination of the facts and arguments from both parties to the present Communication do
not show that the instant Communication is at variance with any part of the Constitutive Act of the African
Union or the African Charter. The Commission is therefore of the view that the instant Communication
satisfies the provision of Article 56 (2) of the African Charter.
5