considered all relevant matters of evidence tendered before them before
arriving at their conclusions.
60. The Respondent State further asserts that the judgments of the High Court
and the Court of Appeal reveal why the Applicants’ defence was rejected.
Specifically, the Respondent State points out that the High Court accorded
both the prosecution and the defence equal opportunity to present their
cases and that the Applicants were convicted after the High Court had
considered all matters of evidence.
***
61. Article 7(1) of the Charter provides that “[e]very individual shall have the
right to have his cause heard”. Article 7 of the Charter, the Court recalls,
provides guarantees that are, centrally, meant to ensure the realisation of
the right to a fair trial.
62. The Court notes, however, that Article 7 of the Charter does not expressly
provide for the right to a reasoned judgment. The Court further notes,
however, that the Commission’s Principles and 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.23 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.
63. The Court also notes that in application of the above Guidelines, the
Commission in Kenneth Good v. Botswana held that the right to a reasoned
decision derives from the right to seize a competent national court as
African Commission on Human and Peoples’ Rights ‘Principles and Guidelines on the Right to a Fair
Trial and Legal Assistance in Africa (2001), Principles A(2)(i).
23
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