12. Principles of international law stipulate, however, that a new government inherits the
previous government’s international obligations, including the responsibility for the previous
government’s mismanagement. The change of government in Malawi does not extinguish the
present claim before the Commission. Although the present government of Malawi did not
commit the human rights abuses complained of, it is responsible for the reparation of these
abuses.
Holding
For these reasons, the Commission
Holds that there has been a violation of Articles 4, 5, 6, and 7, paragraph 1,
(a), (c) and (d) of the African Charter.