0000?5
5
The Applicant asserts that the licence was denied because STELLA agency was
not the owner of the bus. As a result, in partnership with others, he founded the
Simba Express Ltd.
6.
On 16 November 2013, the Vehicle Control Authority issued him a ticket for
having pasted a telephone number on the rear screen of the vehicle. The yellow
card (a temporary card issued to the purchaser of a new vehicle) was impounded
subject to payment of the fine and rectification of the telephone number. The
Appllcant alleges that the documents were not returned to him even after he paid
the fine, corrected the telephone number and replaced the Stella logo with that of
his new company, Simba Express Limited.
7.
The Applicant asserts that any vehicle without a yellow card or a record of the
ticket attesting that the yellow card has been impounded is prohibited from
circulation. Accordingly, the Applicant stopped using the bus pending a solution
to his problem. On 28 February 2014, his vehicle was confiscated because it was
parked near the passage way of the presidential convoy. The Vehicles Control
Authority ordered the cancellation of his membership of Simba Express Ltd, thus
preventing him from continued exercise of his activity as a transporter.
B. Alleged violations
8.
The Applicant claims that the Respondent State
'i. violated his right to property provided under Article 17(2) of the Universal
Declaration of Human Rights and Article 14 of the Charter;
ii. failed to access the requisite internal redress mechanism pursuant to
Article 2(3)(c) of the lnternational Covenant on Civil and Political Rights
(rccPR)'.