B. Alleged violation of the right to equality before the law and to equal
protection of the law
87. The Applicants allege violation of the right to equality before the law and to
equal protection of the law. In support of this allegation, they argue that in its
second ruling, the Supreme Court erred by relying exclusively on the opinion
of the labour inspector.
88. In response, the Respondent State points out that the Applicants do not
provide evidence in support of their allegations. It stresses that their case was
examined by the competent courts. To this end, it emphasises that its Labour
Code guarantees the proper administration of justice.
***
89. The Court notes that Article 3 (1) of the Charter provides as follows:
1. Every individual shall be equal before the law.
2. Every individual shall be entitled to equal protection of the law.
90. This provision enshrines the rights to equality before the law and to equal
protection of the law, which are inseparable from the right to nondiscrimination.
91. The Court emphasises that the right to equality before the law means that “all
persons shall be equal before the courts and tribunals”,14 that is, the authorities
responsible for enforcing or applying the law must do so without discrimination
in the situations in question.
14
Kijiji Isiaga v. United Republic of Tanzania, (merits) (2018) 2 AfCLR 218, § 85; Oumar Mariko v. Republic
of Mali (merits) (Judgment of 24 March 2022) §101.
21
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