***
78. The Court notes that Article 7(1)(a) of the Charter provides:
1.
Every individual shall have the right to have his cause heard. This
comprises:
(a) the right to an appeal to competent national organs against
act violating his fundamental rights as recognized and
guaranteed by conventions, laws, regulations and customs
in force;
79. The Court recalls that the right to have one’s cause heard affords the
individual a bundle of rights relating to the legality of the judicial procedure,
including the right to be afforded the opportunity to express one’s point of
view on cases and procedures affecting one’s rights; the right to seize
competent judicial and quasi-judicial bodies when these rights are violated;
and the right to appeal to higher instances when one’s grievances are not
adequately examined by lower courts.18 As such, the right to have one’s
cause heard, as provided for in Article 7 of the Charter, requires that an
applicant take part in all hearings relating to his case and to present his
evidence in accordance with the rules of adversarial proceedings.19
80. With regard to the allegations concerning proceedings before national
courts, the Court reiterates its jurisprudence in Alex Thomas v. United
Republic of Tanzania,20 that “[t]hough this Court is not an appellate body
with respect to decisions of national courts, this does not preclude it from
examining relevant proceedings in the national courts in order to determine
whether they are in accordance with the standards set out in the Charter or
any other human rights instrument ratified by the State concerned. With
regard to manifest errors in proceedings before national courts, this Court
18 Werema Wakongo Werema and Werema v. United Republic of Tanzania (merits) (07 December
2018), § 69, Jebra Kambole v. United Republic of Tanzania (judgment) (15 July 2020) 4 AfCLR 466, §
96; Ibrahim Ben Mohamed Ben Ibrahim Belguith v. Republic of Tunisia, Application No. 017/2021,
judgment of 28 September 2022 (merits and reparations), § 96.
19 Anaclet Paulo v. United Republic of Tanzania (merits) (21 September 2018) 2 AfCLR 446, § 81.
20 Alex Thomas v. United Republic of Tanzania (merits) (20 November 2015) 1 AfCLR 465, § 130.
18