sufficiently specified. This was the case in the decision in the case of Kenneth
Good v. Botswana, where the Commission stated that “The compensation
should include but not be limited to remuneration and benefits he lost … and
legal costs he incurred during litigation in domestic courts and before the
African Commission.”45 It is also clear that the quantum of monetary
compensation is left to the domestic courts.46
136. The facts allow the Commission to observe that the domestic procedures
lasted more than four years before the Commission was seized in May 2005.
In all, at the date of this decision by the Commission, 10 years have elapsed,
during which period the Complainant must have invested significant
resources in the process, including procedural expenses. This is evidenced by
the fact that the Complainant has been represented by a lawyer throughout
the proceedings both in his country and before the Commission.
137. Under Rule 112 (2) of the Commission’s Rules of Procedure, in the event
of a decision against a State Party, the parties shall inform the Commission in
writing, within one hundred and eighty (180) days, of all measures, if any,
taken or being taken by the State Party to implement the decision of the
Commission.
Decision of the Commission
The Commission,
For these reasons,
138. Declares that the Democratic Republic of Congo has violated the
provisions of Articles 3, 7 (1) (a) and 7 (1) (c) of the African Charter. As such,
the Commission:
a) Urges the Democratic Republic of Congo to recognize or cause to be
recognized the Complainant’s right to claim against Pharmakina in
respect of the latter’s legal obligation to comply with Arbitral Award No.
98/CNO/LH/006 of 1 April 1998, issued by the National Bar Council of
the DRC, which grants the Complainant the sum of 500,000 (five hundred
thousand) U.S. Dollars as fees owed to him for services rendered to
Pharmakina Company.
Kenneth Good v. Botswana Communication 313/05 (2010) AHRLR 43 (ACHPR 2010) para 245.
See Mekongo Louis v. Cameroon, Bissangou v. Congo op cit; Association of Victims of Post Electoral Violence
and Interights v. Cameroon Communication 272/03 (2009) AHRLR 47 (ACHPR 2009).
45
46
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