guaranteed by conventions, laws, regulations and customs
in force;
b. the right to be presumed innocent until proved guilty by a
competent court or tribunal;
c. the right to defence, including the right to be defended by
counsel of his choice;
d. the right to be tried within a reasonable time by an impartial
court or tribunal.
251. The Court notes that, while the Charter does not expressly provide for a
right to a remedy, Article 1 of the Charter stipulates that “[t]he Member
States of the Organisation of the African Unity, parties to the present Charter
shall recognise the rights, duties and freedoms enshrined therein and shall
undertake to adopt legislative and other measures to give effect to them.”71
252. The Court observes that the right to a remedy derives from the obligation
set out in Article 1 of the Charter to establish judicial or other such
mechanisms to address alleged breaches of substantive rights protected in
the Charter. This right to a remedy is further reinforced by a joint reading of
Articles 1 and 7(1)(a) of the Charter. These provisions are in line with the
general principle of law that a remedy must be afforded when rights are
breached.72
253. In the present case, the Court notes that the Respondent State has enacted
laws of general application but which also have provisions for the protection
of PWA such as the Constitution, Persons with Disabilities Act and the Legal
Aid Act 2017 and this has not been disputed by the Applicants.
254. The Court also notes the uncontroverted evidence submitted by the
Respondent State that it has set up mobile courts and removed language
barriers in order to increase access to the courts by PWA. Furthermore, the
71
72
Munthali v. Malawi (merits and reparations), supra, § 102.
Munthali v. Malawi, ibid, § 102.
58