1.
Every individual shall have the right to have his cause heard. This
comprises:
a.
the right to an appeal to competent national organs against
acts of violating his fundamental rights as recognized and
guaranteed by conventions, laws, regulations and customs in
force.
82. The Court recalls that in line with jurisprudence,13 Article 7(1)(a) of the
Charter can be interpreted in the light of Article 14(1) of the International
Covenant on Civil and Political Rights (hereinafter referred to as “ICCPR”),
which states that “All persons shall be equal before the courts and tribunals.
In the determination of any criminal charge against him, or of his rights and
obligations in a suit at law, everyone shall be entitled to a fair and public
hearing by a competent, independent and impartial tribunal established by
law.”
83. The Applicant alleges violation of his right to a fair trial, protected by Article
7(1)(a) of the Charter, with regard to two issues. He alleges firstly, that
domestic courts erred in their application of the law and, secondly, that his
right to have decisions delivered in open court was violated. The Court will
examine each of these allegations in turn.
i.
Alleged violation based on an erroneous application of the law by
domestic courts
84. The Applicant alleges that Judgment No. 45501/46360 of 4 December 2017
issued by the Cassation Court deprived him of the avenue to bring a case
before an appellate court to seek the annulment of the said judgment and
to seize the full bench of the Cassation Court for a final decision. It is the
Applicant’s contention that the question for determination is very precise
and clear, namely: “Can a party who has not secured one-third of the bid
price participate in a public auction of a property before the Property Sales
Department of the Court of First Instance?”
13 Jonas v. United Republic of Tanzania (merits) (28 September 2017) 2 AfCLR 101, §§ 64-65.
18