. �c�P� . ' AC H PR .·· African Commission on � Human and Peoples' Rights Human Rights our Collective Responsibility Act 1945 of Mauritius69, the Judicial and Legal Provisions Act 200070, the Supreme Court Rules 200071, the Court of Civil Appeal Act of Mauritius, and the Legal Fees and Costs Rules 200072, among others. The Complainant has himself acknowledged that, pursuant to Section 198 of the Courts Act, the Supreme Court Rules are made by the Chief Justice, after consultation with the Rules Committee and the Judges. The Supreme Court Rules and the Legal and Costs Rules make respectively the Third and Fourth Schedules of the Courts Act. 174. In this light, it would be paradoxical to conclude that the Respondent State has not allowed the establishment and improvement of appropriate national institutions entrusted with the promotion and protection of human rights as required by Article 26 of the Charter. Based on the above, the African Commission concludes that there is no violation of Article 26 of the African Charter by the Respondent State. Compensation 175. The Commission will now consider the appropriate remedies in light of the prejudices suffered and the request for compensation made by Complainant. In his prayer to the Commission, the Complainant requested a compensation in the amount of Mauritian Rupees Fifty Million (Rs50 000 000), i.e. more than One Million United States Dollar (US$1,000,000) should the violations of the right to access to the courts be established against the Respondent State. 176. The Commission has generally determined compensation in the name of fairness and its jurisprudence. 73 In the case of Mr. Mamboleo M. Itundamilamba v. DRC, the Commission, noting that the procedures at the national level took four years and then a subsequent six years after submission of the case to the African Commission, 'during which period the Complainant must have invested significant resources in the process, including procedural expenses', the African Commission requested the DRC to pay compensation for these costs, in accordance with the laws of the DRC." 74 Three elements seem to emerge from this 69 Courts Act, Cap 168 (Act 41 of 1945) - 7 March 1945. 70 Act 15 of 2000. 71 Act 15 of 2000. 1/ :,,:·:.�;,:::;�·"' ��·'''�t <- i> t 1 11 ,;,-l ;·\,;�' 73 Communication No. 253/2002; Antoine Bissangou v. Republic of Congo (29 November 20 J'par ':._\ � Communication 59/91 Embga Mekongo Louis v. Cameroon, [1991] ACHPR 7; (1 January 1991), par, .� . · '. ) !(� 74 Communication 302/05, n38 above, para 138. , :1 n Page 42 of 45 ; African Commission on Human and Pe s'l!• tf U ·U �"-'•• "' AfnG<3n(.�,) "' 31 Bijilo Annex Layout, Kombo No P �� , p d'., Urnon 111...,. --�i,,c,,.,,.;:. West Coast Regio ,.,�k a ..§....,� ' OE.S � Phone: (220) 230 4361 Fax: (220) 441 Email: au-ba11jul@africa-union.org https:/achpr.au.int/0 0 a 72 Act 15 of 2000. 1i �j _ ·. :� -� i