51. The Respondent State on the other hand, submits that the facts raised in
the Communication are vague and not adequate to establish a prima facie
case. It is also the Respondent State‟s contention that „The facts in the
Communication lack clarity and consistency and do not fall within the rationae
materiae of the Commission.’
52. Before establishing whether there has been compliance with Article 56(2)
of the African Charter by the Complainant, the African Commission finds
it necessary to explain the concept of its rationae materiae jurisdiction
mentioned by the Respondent State.
53. Rationae materiae is one of the four aspects of compatibility with the
African Charter under Article 56(2). It is a substantive requirement which
validates a Complaint when a right set out in the African Charter has been
violated. Hence, a Communication will be inadmissible if it does not fall
within the framework of the rationae materiae of the African Commission.
In other words, if it does not provide prima facie violation of the African
Charter.
54. In Michael Majuru v Zimbabwe, the African Commission relied on Black‟s
law dictionary to define rationae materae, stating its meaning to be, “By
reason of the matter involved; in consequence of, or from the nature of, the
subject-matter.7”
55. In the present Communication, the Respondent State argues that the facts
do not present a prima facie case because the Complainant submits that the
Victim was allegedly arrested and detained by the police on several
occasions, without supplying evidence of the dates and place of such
7
Communication 308/2005- Michael Majuru v Zimbabwe (2008) ACHPR para 63.
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