Decided CasesFair Trial / JudiciaryGovernance/Politics

293/04 Zimbabwe Lawyers for Human Rights (ZLHR) and IHRDA / Zimbabwe

By September 30, 2013 September 11th, 2019 No Comments

Brief Facts

Zimbabwe Lawyers for Human Rights (ZLHR) and the Institute for Human Right and Development in Africa (IHRDA) filed communication 293/04 before African Commission on Human and Peoples’ Rights (ACmHPR) against Zimbabwe. The Zimbabwean Electoral Act (Modification) No. 3 Notice of 2000 Statutory Instrument 318/2000 (Annexure 1) – Rule 31 of the Electoral (Applications, Appeals and Petitions) Rules 1995 (SI 74a/95) limited the jurisdiction of the national courts to adjudicate over election issues.

Issue

-Whether the legislations mentioned above violates the complainants rights enshrined in the African Charter

Alleged Violations

Article 2 – Freedom from discrimination

Article 3 – Equality before the law and equal protection of the law

Article 7 – Right to fair trial

Article 13 – Right to participate in government

Article 26 – Respondent’s duty to guarantee the independence of courts

Venue

African Commission on Human and Peoples’ Rights

Status of Communication

The ACmHPR held that the respondent state did not violate any of the rights claimed above. The communication was decided on merits at the 43rd Ordinary Session of the ACmHPR held in Ezulwini, Kingdom of Swaziland (7- 22 May 2008).