55.
At its 48th Ordinary Session, the African Commission considered the
Communication and decided to defer its decision on the Merits to its 49 th
Ordinary Session.
56.
At its 49th Ordinary Session, the African Commission considered the
Communication and decided to defer decision on the merit to the 50th Ordinary
Session, and by a note verbale and a letter dated 16 August 2011, both the
57.
AC
HP
R
Complainant and the Respondents were informed of the Commission‟s decision.
At its 50th Ordinary Session, the African commission considered the decision
on the merits and made comments. The Commission requested the Secretariat to
incorporate its comments on the Communication and present it to the 10 th Extraordinary Session for revision and adoption.
58.
At its 10th Extra-ordinary Session held from 12 to 16 December 2011, in Banjul,
The
Gambia,
the
African
Commission
considered
and
adopted
the
Communication on Merit.
Submissions on Locus Standi
Respondent State’s Submissions on Locus Standi
59.
The African Commission was seized of this Communication at its 34 th
Ordinary Session held in Banjul, The Gambia from 6 to 20 November 2003.
60.
In its preliminary submissions, the Respondents State argues that the
Communication should be declared inadmissible on the ground that the authors
lacked locus standi to submit or assume authorship of the Communication. The
Respondent State argues that both Unoda Mack, a national of Botswana, and
Brain Spilg SC, a national of South Africa were briefed as pro deo to argue the
10