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98. tn terms of Rule 30 of the Rules "unless otherwise decided by the Court,
each
party shall bear its own costs-"
99. Having consider€,d the circumstances of this matter, the Court
decides that each party should bear its own costs
For these reasons:
100
THE COURT
Unanim,ously.
i)
Disml-sses the objection to the jurisdiction of the Gourt raised by the
Respondent;
ii)
Declares that it has jurisdiction to hear the instant Application;
iii)
Drsmisses the objection on the admissibility
of the Application
raised by the Respondent;
iv)
v)
Declares the Application admissible
.
Holds that the Respondent has not violated Article 7(1) of the
Charter in terms of the Appticant's allegations that he was charged
and convicted on the basis of a deposition which does not
corroborate the particulars on the charge sheet and that the 30 year
prison sentence was not in force at the time the offence was
committed;
vi)
Holds that the Respondent violated Article 7 (1) (c) of the Charter in
terms of the Applicant's allegation that he did not have the benefit of
free legal assistance, and that, consequently, the Respondent also
violated Article 1 of the Charter;
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