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African Commission 011
Human and Peoples' Rights
Human Rights our
Collective Responsibility
An order that the Respondent State registers the Complainant's birth in
South Africa, enter the Complainant's details into the South African
population register, assign him with a South African identity number and
cause the identity document and birth certificate to be issued within ten (10)
days from the date of the order.
An order that the Respondent State pay compensation in the amount of Two
Million Rands (R 2, 000, 000) to the Complainant within three (3) months
from the date of the order, which amount includes the legal costs incurred
by the Complainant in instituting the matter at the level of both the High
Court and Constitutional Court of South Africa.
Further orders as the Commission deems fit to grant in the circumstances.
The Procedure
15.
The Secretariat received the complaint on 30 D ~ember2021 and acknowledged
receipt of the same on 13 January 2022. "';:i
16.
The Communication was administratively seiz "band the Seizure Decision was
adopted at theA'OthCj)rdinarySession of the COmIn~~.ion.
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17.
The Decision on Seizure was transmitted to the parties on 21 March 2022, and
the Complainant was requested to make submissions on Admissibility and
Merits within sixty (60) days.
18.
The Complainant's submissions on Admissibility and Merits were received on
12 May 202f, andtheCommission acknowledged receipt on 8 June 2022.
19. The Complai:i1~~t's submissions on Admissibility and Merits were transmitted
to the Respondent State on 8 June 2022, and the Secretariat requested the
Respondent State to make submissions on Admissibility and Merits, within sixty
(60) days of notification, in accordance with Rule 116 (2) of the Rules of
Procedure of the Commission, 2020.
20.
An Orqan of the
AfriGan(~~
Union \ .•",",