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ACHPR African Commission on Human and Peoples' Rights Hurnan Rights our Collective Responsibility no longer be under consideration under an international dispute-settlement procedure" 32 Further, that the other international body must have decided the case on the merits and there is a 'final settlement' by that body. 33 The settlement must, as the Commission has previously stated, a human-right adjudicatory body.34 In the present case, there is no evidence to suggest that this matter was settled by another international adjudicatory body. It thus complies with subArticle 7 of the Charter. COMMISSION'S DECISION ON ADMISSIBILITY 58. In view of the foregoing, the Commission declares the present Communication admissible in accordance with Article 56 of the African Charter and consequently as the parties have already made their submissions on the merits the Commission will proceed to consider the merits and render its decision thereon in due course. MERITS THE SUBMISSIONS OF THE COMPLAINANTS ON THE MERITS 59. It is the view of the Complainants that the Respondent State's Constitutional Court, as the highest court or institution of appeal in the State Party failed to adequately and reasonably address their case which violates their rights under the Charter. 35 The Complainants argue that their rights were violated by the Respondent State by virtue of the Courts: (i) Failing to consider that the main Complainants were self represented lay litigants and that their case should have been constnted generously and in the light most favorable to the litigant"; Adjudicating the matter on a mere procedural technicalihJ, to wit "urgency"; Failing to have considered that the matter should proceed on a normal basis if urgenet; is not established; Failing to adjudicate the constitutional questions and referencing them in the judgment; 11 ••• (ii) (iii) (iv) 32 Communication 409/12, 30 April 2014, para 112. Communication 260/ 02 : Bakweri Land Claims Committee v Cameroon, 4 Dec 2004, par 34 Communication 279/03-296/05 : Sudan Human Rights Organisation & Centre on Hou (COHRE) v Sudan, 27 May 2009, para 103. 35 Complainants' heads of arguments on t he admissibility and merits (2022) Para 21 33 12 I Page Af~nt r} Union\ '.I' The A frican Commission on H 31 Bijilo Annex L Phone: (220) 230

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Communication 747/21: Jacobus Stephanus Van Heerden & Anor V. The Republic of South Africa

ACHPR Decision

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Type of Document

Decision

Keywords

Equality Before the Law
Right to Fair Trial

Case Head Notes: The Complainants alleged that the Respondent State's courts issued adverse rulings against them because they were self-representing litigants. They also state that the Respondent State's courts issued arbitrary, and prejudicial orders, and did not give reasons for their rulings. The Complainants allege that their experience is part of a wider-scale of judicial corruption in which the courts treat self-representing litigants unfairly. The Commission found no violation of Articles 7 and 26 because it is a general, and established, legal standard in the Respondent State that a company cannot conduct a case in court, except by the appearance of counsel on its behalf. Accordingly the complainants did not experience differential treatment and their right to be heard was not infringed. Further, the Commission noted that, while the Supreme Court of Appeal did not provide a full written judgment when they dismissed the complainants application, they did provide reasons for the dismissal and that accordingly Article 7 was not violated. The Commission found no violation of Articles 2 and 3 because there was no discriminatory treatment regarding the complainants right to be heard, or right to have equal access to the courts and equal treatment by the law. The Commission stated that the Complainants were held to the same legal standards and procedures as other litigants and that they were not victims of arbitrary application of the law by judicial officers. The Commission found no violation of Articles 19 and 20 because individuals apperaing before the Commission, in their individual capacities, are not the subject of Peoples' rights. The Commission found no violation of Article 5 becuase the Complainants were not disrespected by the Courts. The Commission found no violation of Article 9 because they stated that the Complainants' allegation actually invoked Article 7, and that had already been dealth with. The Commission found no violation of Article 13 because the Complainants were not discriminated against, and it was not clear what element of the case invoked Article 13 rights.

Country

South Africa

Outcome: Decided on Merits

Year Decided: Nov 6, 2024

Rights Alleged to be Violated (ACHPR Provisions)

ACHPR 7: Right to Fair Trial
ACHPR 9: Right to Receive Information and Free Expression
ACHPR 13: Right to Participate in Government
ACHPR 19: Right of All Peoples to Equality and Rights
ACHPR 2: Freedom from Discrimination
ACHPR 20 : Right to Self-Determination
ACHPR 26 : Duty to Guarantee Independence of Courts
ACHPR 3: Right to Equality before the Law and Equal Protection of the Law
ACHPR 5: Cruel Inhuman and Degrading Treatment

Rights Not Violated (ACHPR Provisions)

ACHPR 7: Right to Fair Trial
ACHPR 9: Right to Receive Information and Free Expression
ACHPR 13: Right to Participate in Government
ACHPR 19: Right of All Peoples to Equality and Rights
ACHPR 2: Freedom from Discrimination
ACHPR 20 : Right to Self-Determination
ACHPR 26 : Duty to Guarantee Independence of Courts
ACHPR 3: Right to Equality before the Law and Equal Protection of the Law
ACHPR 5: Cruel Inhuman and Degrading Treatment

Duration of Procedure

Sep 23, 2019 ~ Nov 6, 2024

Country Geolocation

Latitude: -30.559482

Longitude: 22.937506

Country Geolocation (linked ACHPR Decision): South Africa

Primary Documents

Jacobus Stephanus Van Heerden & Anor v South Africa.pdf
English
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African Human Rights CLA 2.0

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Communication 747/21: Jacobus Stephanus Van Heerden & Anor V. The Republic of South Africa

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