1. Every individual shall have the right to have his cause heard. This comprises: a. the right to an appeal to competent national organs against acts of violating his fundamental rights as recognized and guaranteed by conventions, laws, regulations and customs in force. 82. The Court recalls that in line with jurisprudence,13 Article 7(1)(a) of the Charter can be interpreted in the light of Article 14(1) of the International Covenant on Civil and Political Rights (hereinafter referred to as “ICCPR”), which states that “All persons shall be equal before the courts and tribunals. In the determination of any criminal charge against him, or of his rights and obligations in a suit at law, everyone shall be entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law.” 83. The Applicant alleges violation of his right to a fair trial, protected by Article 7(1)(a) of the Charter, with regard to two issues. He alleges firstly, that domestic courts erred in their application of the law and, secondly, that his right to have decisions delivered in open court was violated. The Court will examine each of these allegations in turn. i. Alleged violation based on an erroneous application of the law by domestic courts 84. The Applicant alleges that Judgment No. 45501/46360 of 4 December 2017 issued by the Cassation Court deprived him of the avenue to bring a case before an appellate court to seek the annulment of the said judgment and to seize the full bench of the Cassation Court for a final decision. It is the Applicant’s contention that the question for determination is very precise and clear, namely: “Can a party who has not secured one-third of the bid price participate in a public auction of a property before the Property Sales Department of the Court of First Instance?” 13 Jonas v. United Republic of Tanzania (merits) (28 September 2017) 2 AfCLR 101, §§ 64-65. 18

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