.' ,~CHP~, \, \, ACH PR j · African Commission on hxrril5 • Human and Peoples' Rights Human Rights our Collective Responsibility administration ofjustice is called into question. The Court must, therefore, consider the matter very carefully before making a finding" 43 75. In the Commission's Principles and Guidelines on the Right to a Fair Trial and Legal Assistance in Africa (Guidelines on Fair trial}44 it is stated that: (a) A judicial body shall base its decision only on objective evidence, arguments and facts presented before it. Judicial officers shall decide matters before them without any restrictions, improper influence, inducements, pressure, threats, or interference, direct or indirect, from any quarter or for any reason. 45 76. The Guidelines further state that: (c) The impartialihJ of a judicial body could be determined on the basis of three relevant facts: 1. that the position of the judicial officer allows him or her to play a crucial role in the proceedings; 2. the judicial officer may have expressed a,n opinion which would influence the decision-making; 3. the judicial official would have to rule on an action taken in a prior capacihJ. 77. It is the view of the Complainants that the High Court did not act impartially as a court or tribunal to denying the 1st Complaint from representing the 2nd Complainant in Case Number 31884/ 2015. In fact, the Complainants believe the Court targeted them as self-actors and that this falls part of a broader judicial practice in the Respondent State in which unpresented litigants are treated unjustly. 78. The Commission notes from the facts of the matter as pleaded by the Respondent State that the 1st Complainant was not permitted to represent the 2 nd Complainant in the Court because the High Court as he is not a Registered Legal Practitioner in the Respondent State. The Respondent State submitted that in terms of S24(1) of the Legal Practice Act (Act No. 28 of 2014), this would not have been possible under South African Law. Further to this, the Commission notes that in terms of South African Law in general, a cannot conduct a case in court except by the appearance of co 43 Application 024/2016 (judgment) (2021) 5 AfCLR 113 44 (2003) 45 Article 5 17 I Page .o,, -~ # k A0~~(~ The African Commission on Human and Peoples' Rights 31 Bijilo Annex Layout, Kombo North District, West Coast Region Gambia Phone: (220) 230 4361 Fax: (220) 441 05 04 Fm~il · ~11-h~ni, 1l(ri)~frir.~-11ninn nrn