ACHPR
African Commission on
Human and Peoples' Rights
Human Rights our
Collective Responsibility
purpose or effect of nullifying or impairing the recognition,
enjoyment or exercise by ali persons, on equal footing, of all
rights and freedoms.
'
I
170. The Commission further developed the :above jurisprudence in the case
of The Nubian Community in Kenya v rhe Republic of Kenya where it held
that differential treatment alone, is not!sufficient to establish an allegation
of discrimination. The differential treatment of individuals similarly
placed, is permitted where such treatment is meant to achieve a rational
and legitimate purpose that does not impair the fundamental dignity of
t~e. affected persons or unjustifiably i~ringes 9~,their.,\enjoyment of the
rights and freedoms guaranteed under th~' CRar,ter.48 Hence, the
Commission must determine whether I the exp.~9Rriati~ti;of the Victim's
property was executed in furtherance of aJegitirriate purpbs~.:_...
.',
.f:;;.:'~' ft~", " -, - : ,.: - ,:"
171. Since the independence of the R.eF~Pticof 4,~Ijlbabw'(il?;19~0, the issue
of land reform, in particular land acquis'-' n a.~¢.redistribution remains a
controversial matter. The C;o~issiJn
ii "e's the Respondent
State's
submission that the State establishEid.'aframe
..','rk
for the redistribution of
+,'
• (',':::·.:~'l
'¥lQs,:12~~
the land, and those farmers, incItid.iJJ).gthe \l;!§"Eil,P' whose lands were
targeted for acquisiti?~-\qst1ttIted.:Ie'~a~.}'l?roce~~iJ;_gs.The Respondent
maintained that it be'~'~~e nec,,~~~aryt~ prbh,1~lgate a law that promoted
the goals and purposes of'land reform tn Zimbabwe, a historical mandate.
The Constitutional Amendment (No-.Jn.Act of 2005 was enacted to meet
this need.'
" '.,, .
\h
\
;:~_:~\,
I~~:'
I
172. The ..Commissieriinotes
thCJ.f,l
pursuant to section 16B (2) of the
Constl~#onal. AmeridrB~2!tit&~6:'17)
and section 5 (1) of the Land
Acquisition (Amendment) Act 2002 (Land 'Acquisition Act) the President
or any Minister duly a].!thorised by tHe President for that purpose may
cause to bepublished in the Government Gazette a preliminary notice of
the intention-of the State to compulsorily acquire any land in the interest
of public safety, order, morality, healthj town and country planning or the
utilization of that or any property for la purpose beneficial to the public
generally or any section of the public. I
tct
I
173. Where the issue of limitation of rights is raised in a Communication,
the Commission has held in Constitutional Rights Project and Others v Nigeria
that "the only legitimate reasons for lirlutations of rights and free_oomsA';0f~
.
.
. I
.
,A~\'IU
NAtv,,-'"
the African Charter are found In Article 27 (2), that IS, that the~glt!~efAth~ D .0(6
Charter shall be exercised with duel regard to the rig
of~ ~~~.
'1~~:.
I
*',?
8,f,
48 Communication
317/2006 - The Nubian Communiiy i1JKenya v The Republic of
-g, ~ \
(~I;JY
z
<1
,u(""l
~:;.
\
ru~'S!"
"'"'".....
1!f[~~
(/):I:~
-i
1::
f
~~."
I
p..
a 1~~:\.J
'l'.s
o(l)g
,,<i;
'<;
\Pa~J''b!fI~~S ,?~vq_'V
·"~ .....
~I\1ME ET oe
.......~
",!}.'