on Hate Speech, which if passed into law, would suppress, cow and sanction free
speech by a law, to be used as instrument to shut every critique and criticism of
government and its officials, against public interest and a violation of their right
to freedom of expression in all its ramifications.
7. The Applicants contend that the proposed law, when it comes into effect would
be a violation of their right to freedom of expression in all its ramifications since
it would drastically capsize the entrenched and guaranteed right contained in
Article 9 of the African Charter on Human and Peoples’ Rights (African
Charter), Article 19 of the International Covenant on Civil and Political Rights
(ICCPR) and the Universal Declaration of Human Rights (UDHR) respectively.
They claim the said law if passed, would be completely disproportionate to the
goals and objectives of the African Charter, and the other mentioned
international instruments and being not permitted under them and of which the
1st Respondent is signatory.
IV. PROCEDURE BEFORE THE COURT
8.
The Initiating Application dated and filed on 29 November 2019, was served
on the Respondents on 3 December 2019.
9.
The 2nd Respondent filed a Motion for Enlargement of Time to file Preliminary
Objection and Statement of Defense together with the substantive Notice of
Preliminary Objection and the Statement of Defense on the 29 September 2019
and were served on the same date.
10. On the 7 October 2019, the 1st Respondent also filed Motion for Extension of
time to file Preliminary Objection and Statement of Defense together with the
substantive Notice of Preliminary Objection and the Statement of Defense
which were served on the 8 October 2019.
4