p.CHP11
r, r) 6~ttEf{
Human R,ghts ou,
Collective Responsibility
Human and Peoples' Rights
42. The communication is brought against the Republic of South Africa, a state party
to the African Charter, thus fulfilling the requirement of ratione personae. It
alleges violations of provisions protected by the Charter, notably nondiscrimination, freedom of expression, and equality before the law, thereby
satisfying ratione materiae. The alleged violations occurred between 6 and 22
September 2021 , well after the respondent State ratified the Charter on 9 July
1996 and thus fall within the temporal jurisdiction of the Commission (ratione
temporis). Finally, the acts complained about took place within the territory of
the respondent State, specifically withi n the Polokwane Municipality, fulfilling
the requirement of ratione loci.
43. The respondent State challenges compatibility, arguing that the impugned acts
amount to internal administrative decisions and do not engage human rights
protections under the Charter. 33 However, the Commission has consistently
held that administrative decisions affecting the enjoyment of Charter rights ,
particularly those concerning access to expression, participation, or nondiscrimination, may be subject to review under the Charter. 34
44. The Commission finds that the nationality requirement in a publicly sponsored
art competition, which restricts eligibility on grounds of citizenship, prima facie
implicates the right to equal protection, non-discrimination and freedom of
artistic expression under Articles 2, 9(2), and 19 of the African Charter.
Consequently, the communication is not incompatible with the African Charter.
45. The Commission, therefore, concludes that the communication satisfies the
requirements of Article 56(2) of the Charter.
Article 56(3): Disparaging or Insulting Language
46.Article 56(3) stipulates that a Communication must not contain disparaging or
insulting language directed at the state concerned. The Commission recalls its
position in Zimbabwe Lawyers for Human Rights & Associated Newspapers of
Zimbabwe v. Zimbabwe,35 that determining whether a remark is disparaging
depends on whether it unlawfully impairs the dignity or reputation of the state.
47. Interrogating the Communication at hand , the Complainant asserted that its
submissions do not contain offensive or disparaging language. 36 The
Respondent State, however, argues that the Complainant's allegat'
state institutions and the judiciary amount to an unsubstantiated a
·
..,,_,
\>I
33
sub adm state reply comm 788-22, para. 26
Purohit and Moore v. The Gambia, Commw1ica tion 241/ 01, Para. 32; Serac And
Communica tion 155/96, Para. 50
34
~
<5 ;;:
~
~
0,.,, ► IC ,t1'<El
35 Communication 284/ 03, para. 88
36
-=---
Complainant's written submissions cite above, para. 21
SI P
Atnrcn,
Un;on'
~
r C'I:r
0
The African Commission on Human and Peoples' Rights
31 Bijilo Annex Layout, Kombo North District,
West Coast Region Gambia
Phone: (220) 230 4361 Fax: (220) 441 05 04
Fm~il • ;:u 1-h::anil 1lm'>~frir~-11ninn nrn
~
,..,
Sélectionner le paragraphe cible3
Se connecter à un paragraphe
Connect to an entity
Disable highlights
Ajouter à la table des matières