August 2021.35 Furthermore, by decree of 30 March 2022, the President of
the Republic dissolved the People's Representatives Assembly and lifted
the immunity of its members.
104. The Court observes that in the event of a serious crisis or when cohabitation
between the executive and the legislature has become impossible,
dissolving a legislative body must be accompanied by measures to organise
legislative elections as soon as possible. In the present case, the Court
notes that between 25 July 2021, when the People’s Representatives
Assembly was suspended, and the election of new representatives of the
people on 17 December 2022 and 29 January 2023, a period of one year
and three months elapsed. The Court considers that the fact the legislative
elections were delayed for so long attests to the real willingness of the
executive to exercise legislative functions. The Court considers that all the
measures taken by the executive to suspend the People's Representatives
Assembly, extend the said suspension and then dissolve the chamber
stripped the latter of all its prerogatives and constitute interference in the
legislature’s functions.
105. The Court recalls that (...) separation of powers requires that the three pillars
of the State exercise their powers independently. The executive branch
must be seen to be separate from the judiciary, and parliament.36
106. In view of the foregoing, the Court holds that the Respondent State violated
the principle of separation of powers and the independence of the
legislature in relation to the executive.
35
Decree No. 2021-109 of 24 August 2021, extending the exceptional measures relating to the
suspension of the powers of the Assembly of People’s Representatives.
44 ACHPR, Kevin Mgwanga Gunme and others v. Cameroon, Communication 266/03, § 211 and 212,
45th ordinary session, 13-27 May 2009.
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