ACH
African Commission on
Human and Peoples' Rights
State Party should be just as clear and
should have sufficient detail as to inform
or omissions that have occasioned a viola,
Human Rights our
Collective Responsibility
as the complaint itself and
State concerned of the specific acts
of the African Charter.
162. Yet, unlike the established practice ' submitting a dedicated written
submission on the merits advancing
1rnAn1~c.
in support of the allegations
that specific Articles of the African Charter have been violated, the
Complainants in this Communication
not to submit their written
arguments on the merits when called
by the Commission to do so. Rather,
in their email to the Commission on 28
elected to rely on
their "written submissions on the
. tion 377/09 Mendukazi Patricia Monakali."42In
.on parts 5 and 7 of
their Written Submissions on the
unication dated 8
March 2013. This information was
·ts.
of which the Respondent State filed
communica
that the Resp
24 of the
the
to conduct
is substantial
so, they take
how their case is
together with the rest
Complaint by which this
by the Complainants
T1c.1.O\nc of Articles 5, 17, 18, 19, 22 and
allegations has been articulated in
admissibility and the reply to the
164. At t~~;;:fimethe
y on their admissibility arguments,
the S~~~~'t~t~kg!~not
that the reliance on those arguments
by the CpmpJa;ili,ant~~
by itself, was
acceptable to the Commission.
SimilarIY~::\me/RespC)~Q:~nt
State had
knowledge of the nature of the
Complairi't::{?ndthe n.!iErIn arguments of
Complainants. Having been duly
served witl\'B\allthe written submissions
which the Complainants chose to
place relianc~'~!i:l,nd
having specifically
to each of the Complainants'
substantive ar'guments in its own
submissions, the Resp~~~e~
cannot be heard to argue that" it is not,
• what the allega~t,
ie~~iY,
?i: thg,o<~i'
0' rvU
U'. ~
Respondent are that need to be answered .43
ff ':>
\
~
%\
'S,
ff~
See Complainants Attorney's reply to the
377 of the Complainant" dated 28 January 2016 para
the Commission's email dated 16 May 2016 para 3.
43 First Submission on Merits on behalf of the Republic
42
i.~
&i
~ ~)\
:~a~:l1i~1C/)'
~
s em,ail titled "Re: LeU: ~,
.., "~~'1'{1'
1".
~
{<-0
Also see Complainants atto¥~leysq;eF~~6-1"~":J'X~'"
~
South Africa, para 5.2.
............
_,.-
Page 32 of 51