:;··t ACHPR mm,;'/J. African Commission on Human and Peoples' Rights Human Rights our Collective Responsibility DECISION OF THE AFRICAN COMMISSION ON HUMAN AND PEOPLES' RIGHTS ON ADMISSIBILITY COMMUNICATION 788/22 TIBEILA INSTITUTE (REPRESENTED BY MR. SHADRACK TEBEILE) V . REPUBLIC OF SOUTH AFRI CA SUM MARY OF T H E COMPLAINT 1. The Secretariat of the African Commission on Human and Peoples' Rights (the Secretariat) received the Complaint on 16 February 2022 from the Complainant. 2. The Complainant is a non-profit organization based in South Africa that focuses on educating communities, particularly underprivileged groups, on their constitutional rights as outlined in the Constitution of the Republic of South Africa. Additionally, the organization engages in public interest litigation in constitutional matters. 3. The Complaint arises from a call for submissions made by the Municipality of Polokwane on 6 September 2021, inviting artists to submit a work of art. Among the eleven eligibility conditions, one criterion required that applicants hold South African nationality. 4. On 7 September 2021 , the Complainant filed an urgent application before the High Court, Limpopo Division, Polokwane, seeking a declaration that the nationality requirement was inconsistent with Section 16(1 )(c) of the Constitution of the Respondent State, which guarantees freedom of expression, including freedom of artistic creativity. 5. On 16 September 2021 , the High Court dismissed the application for lack of urgency. On the same day, the Complainant directly and urgently referred the matter to the Constitutional Court of South Africa. 4~o 6. On 22 September 2021 , the Constitutional Court dismissed th stating that the Complainant had not established sufficient grou access. .----,.....,.' ll P age '.Aincan,. \ UniOO The African Commission on Human an 31 Bijilo Annex Layout, Ko West Goa Phone: (220) 230 4361 Fax: ( l=m:.il· ~ 11- h~ni1il(n)~frir~-1 1nin,; f'lrii '°('o'° <~ ~f.