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Hurnan Rights our
Collective Responsibility
Human and Peoples· Rights
15. By the Note Verbale dated 16 April 2024, the Secretariat reminded the
Respondent State to rectify the anomaly in its submission and further extended
the deadline.
16. The Secretariat received the Respondent State's letter dated 16 May 2024, in
which it challenged the admissibility of the Communication and requested an
oral hearing to present its complete arguments and evidence regarding
Admissibility and Merits, in accordance with Rule 102(1) of the Rules of
Procedure of the Commission.
17. By the Note Verbale dated 19 June 2024, the Secretariat acknowledged receipt
of the Respondent State's request. It further advised that the request for an oral
hearing on Admissibility and Merits had been transmitted to the Bureau of the
Commission as per Rule 102(3) of the Commission's Rules of Procedure. At the
same time, it informed the Respondent State that its observations on
Admissibility had been forwarded to the Complainant for a response within thirty
days, following Rule 116(2) of the Rules of Procedure.
18. By letter dated 19 June 2024, the Secretariat transmitted the Respondent
State's observations on Admissibility and Merits to the Complainant, advising it
to submit a rejoinder within 30 days, which it has not done to date.
ADMISSIBILITY OF THE COMMUNICATION
The Complainant's Submissions
19. The Complainant identifies itself as a non-profit organization based in South
Africa. The Complainant states that its objectives include educating
communities, particularly those in marginalized areas, about their constitutional
rights and litigating public-interest matters.1 It added that the Respondent State
is the Republic of South Africa, which ratified the African Charter on Human and
Peoples' Rights on 9 July 1996 and the Protocol to the African Charter on
Human and Peoples' Rights on the Establishment of an African Court on Human
and Peoples' Rights on 3 July 2002. 2
20. The Complainant alleges that the Respondent has violated articles 1, 2, 3, 4, 5,
7(1 ), 9(2), and 19 of the African Charter. According to the Complainant, these
violations occurred within the respondent's territorial jurisdiction. 3 Furthermore,
the Complainant stated that this communication complies with the constitutive
1
See the Complainant's w ritten submissions o n admissibility and merits, para. 15; also, co
affidavit submitted for evidence on admissibility and the merits, para. 12
2 Ibid, para. 16; also, ibid, para. 11
~
3
See the Complainan t's w ritten submissions o n admissibility and merits, para. 17; also
affidavit submitted for evidence on admissibility and the merits, para. 16
V:
3I Pag
Afunt-4)
Un1on'J?
The African Commission on Human an
31 Bijilo Annex Layout. Ko
West Coast
Phone: (220) 230 4361 Fax: (
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