African Human Rights Law Reports 2007

The African Commssion On Human, Peoples' Rights, Centre For Human Rights, University Of Pretoria

Description

The African Human Rights Law Reports include cases decided by the United Nations human rights treaty bodies, the African Commission on Human and Peoples’ Rights and domestic judgments from different African countries.This eighth volume of the Reports for the first time also includes judgments that deal with human rights issues from the courts of African regional economic communities. The Reports are a joint publication of the African Commission on Human and Peoples’ Rights and the Centre for Human Rights, University of Pretoria, South Africa. PULP also publishes the French version of these Reports, Recueil Africain des Décisions des Droits Humains.The Reports, as well as other material of relevance to human rights law in Africa, may be found on the website of the Centre for Human Rights at www.chr.up.ac.za. Hard copies of the Reports can be obtained from the Centre for Human Rights.Editorial changes have been kept to a minimum, and are confined to changes that are required to ensure consistency in style (with regard to abbreviations, capitalisation, punctuation and quotes) and to avoid obvious errors related to presentation. Quotes and references have, where possible, been checked against the original. Corrections which may affect the meaning are indicated by square brackets.Cases from national courts that would be of interest to include in future issues of the Reports may be brought to the attention of the editors at:

Sujets

• Droit
• JUSTICE

Informations

• Publié par: PULP (Pretoria University Law Press)
• Date de parution: 01 janvier 2008
• Nombre de lectures: 0
• Langue: English

Extrait

AFRICAN HUMAN RIGHTS LAW REPORTS 2007

2008

African human rights law reports 2007

Published by:

Pretoria University Law Press (PULP)

The Pretoria University Law Press (PULP) is a publisher at the Faculty of Law, University of Pretoria, South Africa. PULP endeavours to publish and make available innovative, high-quality scholarly texts on law and related disciplines in Africa. PULP also publishes a series of collections of legal documents related to public law in Africa, as well as text books from African countries other than South Africa.

For more information on PULP, see www.pulp.up.ac.za

Printed and bound by: ABC Press Cape Town

To order, contact: PULP Faculty of Law University of Pretoria South Africa 0002 Tel: [phone] Fax: [phone] [e-mail] www.pulp.up.ac.az

ISSN: 1812-2418

© 2008

Editorial User guide Abbreviations

CONTENTS

Case law on the internet

TABLES AND INDEXES

Table of cases

Alphabetical table of cases

Subject index

International instruments referred to

International case law considered

African Commission decisions according to communication numbers

CASES

United Nations human rights treaty bodies

African Commission on Human and Peoples’ Rights

Sub-regional courts

Domestic decisions

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1 71 117 147

EDITORIAL

TheAfrican Human Rights Law Reportsinclude cases decided by the United Nations human rights treaty bodies, the African Commission on Human and Peoples’ Rights and domestic judgments from different African countries. This eighth volume of theReportsfor the first time also includes judgments that deal with human rights issues from the courts of African regional economic communities. TheReportsare a joint publication of the African Commission on Human and Peoples’ Rights and the Centre for Human Rights, University of Pretoria, South Africa. PULP also publishes the French version of theseReports, Recueil Africain des Décisions des Droits Humains. TheReports,as well as other material of relevance to human rights law in Africa, may be found on the website of the Centre for Human Rights at www.chr.up.ac.za. Hard copies of theReportscan be obtained from the Centre for Human Rights. Editorial changes have been kept to a minimum, and are confined to changes that are required to ensure consistency in style (with regard to abbreviations, capitalisation, punctuation and quotes) and to avoid obvious errors related to presentation. Quotes and references have, where possible, been checked against the original. Corrections which may affect the meaning are indicated by square brackets. Cases from national courts that would be of interest to include in future issues of theReportsmay be brought to the attention of the editors at:

Centre for Human Rights Faculty of Law University of Pretoria, Pretoria 0002 South Africa Fax: + 27 12 362-5125 E-mail: [e-mail]

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USER GUIDE

The cases and findings in theReportsare grouped togehter according to their origin, namely, the United Nations, the African Commission on Human and Peoples’ Rights and domestic courts.

TheSubject index is divided into two parts — general principles or procedural issues, and substantive rights. Decisions dealing with a specific article in an international instrument are to be found in the list of International instruments referred to. A table that listsInternational case law consideredis also included. In these tables case references are followed by the numbers of the paragraphs in which the instruments or cases are cited. A headnote, to be found at the top of each case, provides the full original title of the case as well as keywords noting the primary issues in the case. These are liked to the keywords in theSubject index. Keywords are followed by the numbers of the paragraphs in which a specific issue is dealt with. In instances where the original case contains no paragraph numbers these have been added in square brackets. The date at the end of a case reference refers to the date the case was decided. The abbreviation before the date indicates the jurisdiction.

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ACHPR AHRLR CAT CCPR EAC ECOWAS

HRC KeHC NaSC NgCA SADC ZwSC

ABBREVIATIONS

African Commission on Human and Peoples’ Rights African Human Rights Law Reports Committee Against Torture International Covenant on Civil and Political Rights East African Court of Justice Economic Community of West African States Community Court of Justice United Nations Human Rights Committee High Court, Kenya Supreme Court, Namibia Court of Appeal, Nigeria Southern African Development Community Tribunal Supreme Court, Zimbabwe

CASE LAW ON THE INTERNET

Case law concerning human rights in Africa may be found on the following sites:

United Nations High Commissioner for Human Rights www.ohchr.org

African Commission on Human and Peoples’ Rights www.achpr.org

Centre for Human Rights, University of Pretoria www.chr.up.ac.za

International Law in Domestic Courts (ILDC) www.oxfordlawreports.com

Interights www.interights.org

Association des Cours Constitutionelles www.accpuf.org

Commonwealth Legal Information Institute www.commonlii.org

Southern African Legal Information Institute www.saflii.org

High Court, Malawi www.judiciary.mw

Court of Appeal, Nigeria www.courtofappeal.gov.ng

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Nigeria Internet Law Reports www.nigeria-law.org/LawReporting.htm

Constitutional Court, South Africa www.constitutionalcourt.org.za

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TABLE OF CASES

UNITED NATIONS HUMAN RIGHTS TREATY BODIES

Human Rights Committee

Algeria Abbassi v Algeria(2007) AHRLR 3 (HRC 2007)

Cameroon Njaru v Cameroon(2007) AHRLR 21 (HRC 2007) Titiahonjo v Cameroon(2007) AHRLR 29 (HRC 2007)

Libya El Dernawi v Libya(2007) AHRLR 35 (HRC 2007)

South Africa Prince v South Africa(2007) AHRLR 40 (HRC 2007)

Committee Against Torture

Tunisia Ben Salem v Tunisia(2007) AHRLR 54 (CAT 2007)

AFRICAN COMMISSION ON HUMAN AND PEOPLES’ RIGHTS

Eritrea Article 19 v Eritrea(2007) AHRLR 73 (ACHPR 2007)

Zimbabwe Chinhamo v Zimbabwe(2007) AHRLR 96 (ACHPR 2007)

SUB-REGIONAL COURTS

East African Court of Justice Katabazi and Others v Secretary General of the East African Community and Another(2007) AHRLR 119 (EAC 2007)

ECOWAS Community Court of Justice Essien v The Gambia and Another(2007) AHRLR 131 (ECOWAS 2007)

SADC Tribunal Mike Campbell (Pvt) Limited and Another v Zimbabwe(2007) AHRLR 141 (SADC 2007)

DOMESTIC DECISIONS

Kenya Waweru v Republic(2007) AHRLR 149 (KeHC 2007)

Namibia Luboya and Another v State(2007) AHRLR 165 (NaSC 2007)

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Table of cases x

Nigeria Inspector-General of Police v All Nigeria People’s Party and Others (2007) AHRLR 179 (NgCA 2007)

Zimbabwe Dzvova v Minister of Education, Sports and Culture and Others (2007) AHRLR 189 (ZwSC 2007)

ALPHABETICAL TABLE OF CASES

Abbassi v Algeria(2007) AHRLR 3 (HRC 2007) Article 19 v Eritrea(2007) AHRLR 73 (ACHPR 2007) Ben Salem v Tunisia(2007) AHRLR 54 (CAT 2007) Chinhamo v Zimbabwe(2007) AHRLR 96 (ACHPR 2007) Dzvova v Minister of Education, Sports and Culture and Others(2007) AHRLR 189 (ZwSC 2007) El Dernawi v Libya(2007) AHRLR 35 (HRC 2007) Essien v The Gambia and Another(2007) AHRLR 131 (ECOWAS 2007) Inspector-General of Police v All Nigeria People’s Party and Others(2007) AHRLR 179 (NgCA 2007) Katabazi and Others v Secretary General of the East African Community and Another(2007) AHRLR 119 (EAC 2007) Luboya and Another v State(2007) AHRLR 165 (NaSC 2007) Mike Campbell (Pvt) Limited and Another v Zimbabwe(2007) AHRLR 141 (SADC 2007) Njaru v Cameroon(2007) AHRLR 21 (HRC 2007) Prince v South Africa(2007) AHRLR 40 (HRC 2007) Titiahonjo v Cameroon(2007) AHRLR 29 (HRC 2007) Waweru v Republic(2007) AHRLR 149 (KeHC 2007)

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