ACHPR
African Commission on
.. Human and Peoples' Rights
11.
Human Hights our
Collective Hesponsibilitv
The Complainant submits that on 12 November 2021, he filed an urgent
application before the High Court, to have his case heard on an urgent basis. In
that application he sought a declaration that he is a South African citizen, an
order that the Director-General of the Department of Home Affairs register his
birth details into the population register and assign him the South African
identity number and cause the identity document or temporary identity
document and birth certificate to be issued. The Complainant submits that his
urgent application was dismissed by the High Court on 23 November 2021, due
to lack of urgency.
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12.
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The Complainant submits that when the HigH'~O;urt refused to hear his case on
an urgent basis, he approached the ConstitUtIonal: Court with an urgent
application for direct access, seeking to have the'.oecision ot'the High Court
which refused to hear his case on an urgent basis set aside. On 6 December 2021,
the Constitutional Court dismissed his application for direct access, on the basis
that a case for direct access ha~r t been made
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Articles of the African Charter on Human and Peoples' Rights alleged to have been
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13.
The Complainant alleges that the Re~pondent State has violated Articles 1, 3, 4,
5,6,12 (2), 13, 17(1),19,20 (1) and 22\;£ the African Charter.
Prayer
14,
The ComplaiA" t, therefore; prays as follows:
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11.
111.