p
African Commission on
Human and Peoples' Righ~s
Human Rights our
Collective Responsibility
31. On 25 October 2016, the Commission received the Respondent State's First
Submission on Merits dated 1 A
2016, which was transmitted to the
I
Complainants.
:
I
Admissibility
Submissions of the Complainants
32. The Complainants submitted that the present Communication fulfils all the
admissibility requirements set out in
56 of
Charter.
out a prima facie
x, which they
fulfilled. They
!X;~~.~!;~are an
their
33. According to the Complainants, the
violation of Articles 5, 17, 18, 19, 22
contend cannot be fulfilled unless
contend that they currently live
affront to their dignity and h
eviction.
n~T'T
....
application for
provided suitable
since then not only
never indicated when
will be forthcoming. They
ct"~."r~>c denying their right to
tion of their aforesaid rights
34. The Complainants asserted
an order prohibiting
alternative
failed to offer
claim that
housing,
under the
35. Specifically,
t State's contention that the
COrn1nunication
facie violation of the African Charter,
v: -\"';~'"'>:\>-'_'
the ~Q,mR~a~B,c:mts
and inactions of the Municipality
which '1:lfl.s l'ea(~'q;,tJ;leir
liviIlg in poor
conditions, as well as the fact that
they n¢~ ,';fat~;;,t'a.n.., ..eviction
due to the Municipality's
misrepres~pf~tion ~ri~;;:rt~glect,"
a serious violation of the Applicants'
right to re~R~ctof the''[iignity that is na.-an.,. in a human being" and amounts to
degrading a:i\9.}pJ1umantreatment, rr.r,t+.:.
to Article 5 of the African Charter+
36. Furthermore.The Complainants su
based on the outcome of the p
following:
4
that the Communication is not only
eviction application, but also on the
See Applicants' Response to Respondent's Second Submission
Republic of South Africa (dated 8 March 2013)