ACHPR
African Commission on
Human and Peoples' Rights
application for eviction; and (iii)
eviction of the Complainants in the
Human Rights our
Collective Responsibility
I is currently only a pending case for
r.."'\;:><:: ....11"'. courts.
I
dithat it is unclear what the basis of
45. The Respondent State, therefore,
the complaint is, or when the alleged
of the African Charter arose. The
Government also argued that the
examine the Communication on the
for an eviction of the Complainants in
have no shelter, or that if the
V.1.L·"u.•.J.VIIto live in unacceptable circumstances,
scenario, the alleged violation of the
on the outcome of
the South African Court
that the
Commission lacks the jurisdiction to
46. In addition, the Respondent State
in bringing the communication
act as a "supra-national court
already been decided by
communication
domestic level, and
law, and does not
African Charter
Charter.
47. F
of Article 56(2), the Respondent State
addressed to a State Party to the
48.
if, in due course, an eviction order is
the question still remains which right
violated, as the African Charter does
49.
ent Statefurther argued
rely on thei \\f;1,"ent
allegedly
complaint, sgcK an application has
African courts, as a result of which
Communication on a cause of action
domestic courts. It further argues that
rely on their eviction or on their u.J.J.'~r.."''-'
remedies are available to them.
50. The Respondent State also raised
Commission on the basis that the
remedies as required under Article