Complainant is purported to be the Freedom and Justice Party, which would be a juridical
person, as it was a political party with separate legal existence from the natural persons
who established it. However, as is clear from the submissions of the Respondent State,
the
Freedom
and
Justice
Party
was
dissolved
by
a
sentence
of
the
Supreme
Administrative Court in 2014. It is trite law that duties and rights only accrue to juridical
persons
if
they
are
recognized
by
law.
As
there
is
no
evidence
provided
by
the
Complainants that the Freedom and Justice Party was subsequently registered in another
jurisdiction, the Commission finds that legally it does not exist, and is thus not able to
bring a Complaint before the Commission.
67. It should be noted, however, that the situation would have been dealt with differently if
the Complainant had been dissolved following the submission of a Complaint against the
Respondent State. In the present case three (3) years passed from its dissolution to the
submission of the Complaint. However, the decision reached by the Commission in the
present
Communication
would
not
have
applied
if
its
dissolution
followed
on
the
submission of the Complaint, as that would lead to a situation where States may dissolve
any nationally registered juridical persons which brought a case against it.
68. Having found that the Complainant does not have locus standi, the Commission will not
analyze the other arguments of the RespondentState in this regard. The Commission thus
finds that the requirements under Article 56 (1) have not been met.
69. In relation to Article 56 (2) the Complainant states that the Communication is compatible
with
the
African
Charter
demonstrate prima [aoie
Respo
because
violations
the
facts
of Articles
contained
4,
5,
6
within
and
it
7 of the
are
sufficient
Charter,
to
that the
dent State has been a Party to the African Charter since 1981 and that the matters
addressed in the Communication occurred after the Charter became applicable in the
territory
of the
Respondent State.
The Commission
notes
that
the
Respondent State
ratified the Africa Charter in 1984 and the alleged violations occurred in 2017 thus after
ratification.
Furthermore,
the
alleged
facts
as
set
out
in
paragraphs
3
to
14
above
demonstrate prima facie violations. The Commission thus finds that the Complainant has
satisfied the requirements under Article 56 (2) of the African Charter.
70. In relation to the requirement in Article 56 (3) the Complainant submits that there is
nothing disparaging or insulting in the present Communication and that it records factual
events. The Commission has in reading the Complaint not come across anything which
would amount to disparaging or insulting
language.
�-�mmission therefore finds
\111,\;,!.�\lft[l�
,
that the requirements of Article 56 (3) have been me ,•'\,,«"'" ,,, e ·�
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15