11 within the personal j urisdiction of th e Court in relation to the Applicant. The interest to act, for rts part, refers to the notion of legitimate interest, in other words the legally recognized or protected interest, the existence of which the Court has to independently determine in each case. l n other words the capacity to act dea ls with the applicant whereas the interest to act relates to the action tha t he or she undertakes. 26. An action be fore the Court is indeed onl y allo wed if the applicant justifies his or her own interest in initiating it. To show proof of s uch interest, the applicant must accordingly demonstrate that the action or abstention of the Respondent State app lies to a right which the applicant has or the right o f an individual on behalf of which it wishes to sei:;.:e the Court. 27. In the instant case, since Mr. Mtikila , whose rights have allegedly been violated. is party to the case, the issue at stake is one of ascertaining if a non-go vernmental organizati on is also allowed to fil e an app lication based on the same allegations. it would have been a d iffere nt si tuation if M r. Mtikila had not initiated an action before the Court and that both nongovernmental orga nizations had ac ted fo r Mr. Mtikila and initiated ac£ion on his beha lf. Ill) Merits 28. 1 am of the v1cw tbat ba rring independent cand idates fro m certain e lections and the correlative obl igation to belong to a political party are not in themselves violations of Articles 10 and 13 ( I ) of the Afr ican Charter; they can on ly be vio lations of those provi sions if they are