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African Commission on
Human and Peoples· Rights
(v)
(vi)
H,man Rights o"'
Collective Responsibility
Failing to adjudicate the additional points and referencing them in the judgment;
Failing to have requested the record before the SCA before making its judgment as
the main Complainants kindly have requested it to do;
Failing to provide adequate reasons for its judgment. 36
60. It is alleged that by barring the 2nd Complainant to represent the 1st
Complainant; by rejecting the 2nd Complainant's application for legal
representation in High Court Case Number 31884/2015; by joining the 1st
Complainant to the financial obligations of the 2nd Complainant in the
proceedings before the High Court in Case Number 31884/2015, and by the
Supreme Court and Constitutional Court's dismissal of the application of the
Leave to appeal the High Court's decision in Case Number 31884/2015, the
Respondent State through their judiciary treated the Complainants differently
because they were self-actors in violation of their rights to freedom of
discrimination enshrined in Article 2, equality enshrined in Article 3 of and to
independence of the courts under Article 19.37 The Complainants submit that
the Courts failed to recognize that they were self-actors and therefore ought to
have been exempted from what they believe to have been overly technical
decisions from the Courts of the Respondent State. 38
61. The First Complainant submits that he was "treated disrespectfully by the
courts which directly affected his dignity."
62. If is the contention of the Complainants that by denying the 2nd Complainant to
be represent the 1st Complainant and joining the former to the latter's obligation
to pay legal costs, the courts denied their right to be heard in violation of Article
7 of the CharteL39 They also submit that the decision by the Supreme Court of
Appeal and the Constitutional Court to dismiss their application for leave to
appeal without reasons (in their opinion) instead of adjudicating the
Constitutional Issue which they claim to have been raising, also violated their
right to be heard under Article 7. 40
63. The Complainants aver that their rights to information in Article 9 of the
Charter were violated when the SCA and Constitutional Courts of the
Respondent State did not provide reasons or provided otherwise insufficient
36 Complainants' Submissions (2022) Para 21
37 Complainants' Observations on Admissibility and Merits ( 2022) 15-16, 19-20
38 Complainants' Observations on Admissibi lity and Merits (2022) plO, para 2
39 Complainant's Observations on Admissibility and Merits (2022) para 45 an
40 Complainant's Observations on Admissibility and Merits (2022) para 21
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The African Commission o
31 Bijilo Annex l~~~~~
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Phone : (220) 230 4361 Fax: (220) 441 05 04
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