9
is that complainants or authors of complaints proffer their identity? and contact
details- to enable the Commission to adequately process the communication
through assurances of continued interest in the matter+ In the present case, the
Communication is brought by Dorah Likukela Namasiku. This communication thus
complies with this element.
42.
Article 56(2) of the African Charter states that "Communications ... received by the
Commission shall be considered if they are compatible with the Charter of the
Organization of African Unity or with .the pre~~!l~Charter." The Commission in
Kevin Mgwanga Gunme et al v Call1,etoonprevio~~~yinterpreted this provision to
require that the Communication: b~;b~ought agai~s~ a State party to the African
Charter; allege prima facie violations of rights protected by the African Charter; be
brought in respect of violations that occurred after [the] State's ratification of the
African Charter, or where violations began before the State Party ratified the African
Charter, have continued even after such ratification.Tn the present case, the
communication is against Zambia which. a state~~h~,rtyto the Charter= alleges
Articles 1-26 of tile Charter and. alleges violations tftat occurred after 1984 when
Zambia ratified the Charter. The Communication therefore complies with this
requirement.
43. Article 56(3)of th~;'AfricanChart~tistates that "Communications ... received by the
Commission shall be considerediff they are not written in disparaging or insulting
language directed against the 'State concerned and its institutions or to the
Organization ofAfrican Unity (AU)". In Zimbabwe Lawyers for Human Rights &
Associated Newspapers of Zimbabwe v Republic of Zimbabwe, the Commission
held that "in determining whether a certain remark is disparaging or insulting and
whether it has dampened the integrity of the judiciary, the Commission has to
satisfy itself whether the said remark or language is aimed at unlawfully and
intentionally violating the dignity, reputation or integrity of a judicial officer or
body and whether it is used in a manner calculated to pollute the minds of the public
or any reasonable man to cast aspersions on and weaken public confidence on the
2 Communication
308/05: Michael Majuru v Zimbabwe, 24 November 2008, para 71.
70/92_9: lbrahima Dioumessi, Sekou Kande, Ousmane Kaba v Guinea, 7 Octob
S
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4 Communication 277 /2003-Spilg and Mack & mTSHW ANELO (on behalf of Lehlohonolo
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Botswana, 12 October 2013, para 97.
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5 Communication 266/03 ,27 May 2009, para 71
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3 Communication
6 Zambia ratified
the African Charter on Human and Peoples' Rights 011 10 Janua
9
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