60.
In any event, the Court notes that, in this case, the grounds for termination of the
contract are explicitly mentioned in the termination letter which the Applicant does
not deny having been aware of.?° Moreover, the Applicant does not dispute the
fact that the domestic courts found a violation and awarded him damages for the
fact that he was not heard prior to the decision to dismiss him.
61.
In view of the foregoing, the Court finds that there has been no violation of the
right to defence and holds in conclusion that the Respondent State did not violate
Article 7(1)(c) of the Charter.
ii.
Right to a reasoned Judgment
62.
The Applicant submits that, for having failed to invoke contrary reasons to counter
those he invoked in regard to his professional status, the Supreme Court violated
his right to a reasoned decision.
eK
63.
The Court notes that Article 7 of the Charter which guarantees the right to a fair
trial does not expressly provide for the right to a reasoned
notes,
however,
that the African Commission's
Judgment. The Court
Guidelines on the Right to a Fair
Trial provide for "an entitlement to a determination of their rights and obligations
without undue delay and with adequate notice of and reasons for the decisions"
as a component of the right to a fair hearing.2"The motivation of judicial decisions,
stemming from the principle of proper administration of justice, therefore makes it
incumbent on the judge to clearly base his reasoning on objective arguments.
64.
The Court notes, on this point, that in application of the above Guidelines, the
Commission considered in Kenneth Good v. Botswana that the right to a reasoned
decision derives from the right to seize a competent
national court as provided
20See the statement of facts by the Applicant in this Application §§ 20-21.
21 African Commission ‘Principles and Guidelines on the Right to a Fair Trial and Legal Assistance in
Africa (2001), Principles A(2)(i). (Emphasis by the Court).
16