continued interest in the case, or to request, as provided for under Rule 104 of the
Rules of procedure, supplementary information if the case so requires.20
98.
In the instant Communication, the Complainants have disclosed that it is
jointly presented by Advocate Brain Spilg SC assisted by Attorney Unoda Mack
and Ms Alica Mogwe (on behalf of Ditshwanelo). The Communication also
discloses the contact Email addresses of the Complainants as spilg@law.co.za for
AC
HP
R
Brain Spilg SC and legal.ditshwanelo@info.bw for Ditshwanelo. The African
Commission is, therefore, holds that the Complainants have complied with
Article 56(1) of the African Charter.
99.
Article 56(2) of the African Charter requires that the Communication must be
compatible with the Constitutive Act of the African Union and with the African
Charter. With respect to the Constitutive Act, the African Commission will not
receive any Communication brought before it, which seeks a prayer a remedy of
which will contravene any provision of the said Constitutive Act. Thus, in
Katangese’s Peoples’ Congress V. Zaire,21 a redress which infringed on the
doctrine of Uti Possidetis Juris22 enshrined in Article 3 of the OAU Charter and
now in Article 4 (b) of the Constitutive Act, was rejected and the case declared
Inadmissible.
100.
In Kevin Mgwanga Ngumne et al V. Cameroon,23 the African Commission,
drawing inspiration from its previous decisions affirmed that, the condition
relating to compatibility with the Charter, basically requires that: (a) the
Communication should be brought against a State party to the African Charter;24
(b) the Communication must allege prima facie violations of rights protected by
20
21
22
23
24
See Communication 108/93, Monja Joana V. Madagascar, paragraph 6, (ACHPR) 10th Activity Report
Communication 75/92, (ACHPR) 8th Activity Report
A principle under International Law which states that, colonially inherited boundaries are inviolable
Communication 266/2003, paragraph 38, (ACHPR), 38th Session
Communication 5/88, Prince J.N Makoge V. USA, (ACHPR)
23