|
Title
|
Jurisdiction |
Date
|
|
|
Malawi
|
28 October 2025 |
|
|
 African Regional Bodies
· African Union (AU)
|
29 November 2024 |
|
Court exercised discretion to reopen pleadings and granted the respondent 30 days to file its Response.
Procedural law – Reopening pleadings and extension of time – Rule 46(3) and Rule 90 – Inherent powers to meet ends of justice – Effect of withdrawal of Article 34(6) Declaration on pending cases.
|
African Regional Bodies
· African Union (AU)
|
29 November 2024 |
|
Court reopened pleadings and granted the respondent 30 days to file a response under its discretionary power.
Procedure – Reopening pleadings – Court’s discretion under Rule 46(3) and inherent power under Rule 90; Extension of time granted to Respondent to file Response; Jurisdiction – withdrawal of Article 34(6) Declaration does not affect pending or newly filed cases filed before withdrawal effective date.
|
African Regional Bodies
· African Union (AU)
|
29 November 2024 |
|
Court exercised its discretion under Rules 46(3) and 90 to reopen pleadings and grant the State a 30‑day extension.
* Procedure – Reopening pleadings – Court’s discretion under Rule 46(3).
* Procedure – Inherent powers – Rule 90 and the Court’s power to adopt procedures to meet the ends of justice.
* Extension of time – granting requests where proper administration of justice requires it.
* Jurisdictional/temporal effect – withdrawal of Article 34(6) Declaration does not affect pending/new cases filed before its effective date.
* Alleged substantive issues – claims of violation of rights to property and to a fair trial in national proceedings.
|
African Regional Bodies
· African Union (AU)
|
29 November 2024 |
|
|
African Regional Bodies
|
23 May 2024 |
|
|
African Regional Bodies
|
23 May 2024 |
|
|
African Regional Bodies
|
23 May 2024 |
|
|
African Regional Bodies
|
23 May 2024 |
|
|
Malawi
|
4 July 2023 |
|
|
Tanzania
|
19 December 2022 |
Human rights and fundamental freedoms - right to privacy, freedom from torture, cruel, inhuman and degrading treatment or punishment
Human rights and fundamental freedoms - the right of prisoners to humane living conditions and dignified treatment - the right to consent and privacy in HIV and AIDS testing |
Tanzania
|
19 December 2022 |
Sentence – Prevention of Organised Crime Act – Smuggling of immigrants – Vulnerable persons exploited for money under pretext they will be relocated to other countries for better living conditions. All victims running away from the war in their country – Accused a first offender – Remorseful – Accused having testified in mitigation of sentence – Accused also testified about her ill health as a mitigating factor – Gravity of the offences and society’s legitimate interests far much outweigh the accused’s interests – A custodial sentence unavoidable under the circumstances. |
Namibia
|
8 September 2022 |
Criminal procedure — Bail Appeal – Appellant represented – Partly viva voce then by way of affidavit – The use of affidavits reconfirmed – Respondent filed opposing affidavits – Appellant not truthful in giving his place of residence – Not in the interest of administration of justice and public interest to release on bail – No misdirections by magistrate – Appeal dismissed. |
Namibia
|
29 March 2021 |
|
|
Uganda
|
13 December 2018 |
|
|
African Regional Bodies
· African Union (AU)
|
18 October 2018 |
|
The Commission struck out the complaint for lack of diligent prosecution due to non-submission of admissibility arguments.
Human Rights – African Commission procedure – Admissibility – Diligent prosecution – Complaint struck out for failure to submit on admissibility within extended deadlines.
|
African Regional Bodies
· African Union (AU)
|
18 October 2018 |
|
A complaint alleging gross human rights violations was struck out due to the complainant's failure to prosecute the case diligently.
African Commission – Communication procedure – Diligent prosecution – Admissibility – Failure to submit on admissibility – Striking out of communication
|
African Regional Bodies
· African Union (AU)
|
18 October 2018 |
|
A communication was struck out for lack of diligent prosecution following failure to submit admissibility arguments as required.
Human rights – African Charter on Human and Peoples’ Rights – admissibility – procedural default – communication struck out for want of diligent prosecution.
|
African Regional Bodies
· African Union (AU)
|
18 October 2018 |
|
|
African Regional Bodies
· African Union (AU)
|
28 April 2018 |
|
Legal requirement to declare only state-recognised religions on identification documents violates rights to equality and freedom of religion.
Human rights – Freedom of religion – Discrimination – Forum internum and forum externum – Equality – State reservations to treaties – Neutral legal recognition and documentation of marriages of unrecognised religious minorities – Requirement to declare one's religion.
|
African Regional Bodies
· African Union (AU)
|
28 April 2018 |
|
State refusal to recognize the Baha’i faith in official documents and marriages breaches Charter rights to non-discrimination and religious freedom.
Human rights law – freedom of religion – discrimination – non-recognition of Baha’i faith in official documents – denial of documentation – reservation to Article 8 of the African Charter – equal protection – state obligation to provide neutral law for marriage recognition – compensation for past violations.
|
African Regional Bodies
· African Union (AU)
|
28 April 2018 |
|
The Commission found Egypt violated religious minorities’ rights by denying Baha’is civil documentation and marriage recognition, ordering compensation and reform.
Human rights – African Charter – right to equality and non-discrimination (Articles 2 and 3); freedom of religion (Article 8); discrimination based on religion; state obligation to provide legal recognition for all religious minorities; effect of reservations to the Charter; remedy and compensation for past discrimination.
|
African Regional Bodies
· African Union (AU)
|
28 April 2018 |
|
|
African Regional Bodies
· African Union (AU)
|
6 March 2018 |
|
A complaint was struck out for failure to submit admissibility arguments within the required period, precluding consideration of allegations.
African Commission procedure – communications – admissibility – failure of complainant to submit required arguments on admissibility within prescribed period – strike-out for lack of diligent prosecution.
|
African Regional Bodies
· African Union (AU)
|
6 March 2018 |
|
The Commission struck out the communication due to the complainants' failure to submit admissibility arguments as required by its rules.
African Charter – communications procedure – admissibility – failure to submit arguments – strike out for lack of diligent prosecution – procedural compliance
|
African Regional Bodies
· African Union (AU)
|
6 March 2018 |
|
A complaint was struck out for lack of diligent prosecution due to the complainant's failure to submit admissibility arguments.
African Charter on Human and Peoples’ Rights – Procedure – Communication struck out for lack of diligent prosecution – Failure to submit arguments on admissibility within prescribed time and absence of extension request.
|
African Regional Bodies
· African Union (AU)
|
6 March 2018 |
|
Applicant failed to prove respondent was not a Ugandan citizen; respondent’s Ugandan documents established lawful nomination and election.
* Election law – qualification to stand for Parliament – citizenship by birth and descent under the Constitution and relevant statutes.
* Evidence – authenticity and admissibility of documentary proof (uncertified photocopies, foreign voter cards) and proper proof of provenance.
* Burden and standard of proof in election petitions – contestant bears burden; balance of probabilities.
* Local authority powers – limits on registration of aliens under Aliens (Registration and Control) Act.
|
Uganda
|
15 August 2016 |
|
Article 12 registration exclusions stand; refugees remain eligible for consideration for naturalization under statutory law.
Constitutional interpretation – Citizenship by registration (Article 12) – rule of harmony; Citizenship by naturalization (Article 13) – statutory regime (section 16 of the Act) includes refugees as "aliens" eligible for consideration; Judicial relief – courts will not issue general orders against unnamed agencies absent evidence of a refused or unprocessed application.
|
Uganda
|
6 October 2015 |
|
Court struck out respondent's late submissions and granted a limited injunction protecting applicants' customary land occupation pending trial.
Civil procedure – Irregular late filing and abandonment of preliminary objection struck off – Interim relief – Principles for temporary injunction (American Cyanamid) – Prima facie case and proof of title for registered land – Protection of occupation under customary tenure – Preservation of status quo balanced against national security and refugee settlement obligations.
|
Uganda
|
4 April 2014 |
|
|
African Regional Bodies
· African Union (AU)
|
24 February 2014 |
|
A Reference challenging state action under the EAC Treaty was dismissed as time-barred for failure to comply with strict limitation periods.
Regional integration law – EAC Treaty – jurisdiction of East African Court of Justice – time limitation of References under Article 30(2) – whether inclusion of human rights complaints removes EACJ’s interpretive jurisdiction – strict enforcement of statutory time limits for bringing action – Treaty interpretation and application.
|
African Regional Bodies
· African Union (AU)
|
24 February 2014 |
|
The court dismissed a reference as time-barred under the EAC Treaty, refusing to extend the two-month statutory period.
Regional integration law – East African Community – Jurisdiction of EACJ – Treaty interpretation – Reference procedure – Time-bar under Article 30(2) – No judicial discretion to extend limitation period.
|
African Regional Bodies
· African Union (AU)
|
24 February 2014 |
|
|
African Regional Bodies
· African Union (AU)
|
24 May 2013 |
|
A partner state’s denial of entry to EAC citizens must comply with due process, non-discrimination, and other requirements under the Treaty.
East African Community law – free movement of persons – due process – non-discrimination – sovereignty of partner states – supremacy of community law – obligations of partner states under the EAC Treaty and Protocol – interplay between national law and EAC obligations – right to redress for citizens of partner states.
|
African Regional Bodies
· African Union (AU)
|
24 May 2013 |
|
Partner States must comply with EAC Treaty and Protocol obligations when denying entry to citizens of other Partner States.
East African Community law – Regional integration – Free movement of persons – Sovereignty of Partner States – Due process rights – Non-discrimination – Supremacy of Community law over national law – Immigration and prohibited immigrants – Denial of entry without reasons violates Treaty obligations.
|
African Regional Bodies
· African Union (AU)
|
24 May 2013 |
|
|
African Regional Bodies
· African Union (AU)
|
15 April 2013 |
|
Strict time limits under the EAC Treaty preclude the doctrine of continuing violations from extending limitation periods for References.
Community law – Limitation periods – Article 30(2) of the EAC Treaty – No exception for continuing violations – Court lacks power to waive two-month time limit – Legal certainty.
|
African Regional Bodies
· African Union (AU)
|
15 April 2013 |
|
A reference alleging continuing Treaty violation is time-barred if filed beyond two months from the initial act’s occurrence or awareness.
Regional integration law – Computation of limitation period – Article 30(2) of East African Community Treaty – Whether two-month time limit applies to continuing violations – Interpretation of limitation period and scope for exceptions – Principle of legal certainty in regional integration disputes.
|
African Regional Bodies
· African Union (AU)
|
15 April 2013 |
|
|
African Regional Bodies
· African Union (AU)
|
14 February 2013 |
|
The court stayed proceedings in a reference pending the outcome of an appeal on similar facts to avoid conflicting decisions.
Civil procedure – stay of proceedings – inherent powers of the court – parallel legal actions arising from similar facts – avoidance of conflicting judgments – balance of convenience in granting a stay – impact of pending appeal on current proceedings.
|
African Regional Bodies
· African Union (AU)
|
14 February 2013 |
|
Court stayed proceedings in a related reference to await the outcome of an appeal with overlapping facts and legal questions.
Civil procedure – stay of proceedings – inherent jurisdiction – overlapping cases – potential for conflicting decisions – effect of appeal decision on pending proceedings – interest of justice and judicial economy.
|
African Regional Bodies
· African Union (AU)
|
14 February 2013 |
Application to interdict respondent from denying applicant use of regular passport and to review and set aside the declaration of the passport as null and void to be irregular, unconstitutional and unlawful – whether applicant was entitled to a hearing before the decision was made – whether applicant established he has a right to the passport – whether respondents were correct to deny applicant re-entry into Lesotho – issuance of passport to applicant illegal and cannot be
sanctioned - applicant not entitled to the audi alteram partem before the decision was taken – respondents’ decision to deny applicant re-entry unlawful. |
Lesotho
|
13 February 2013 |
|
|
African Regional Bodies
· African Union (AU)
|
1 June 2012 |
|
Detention without charge for five months and lack of due process breached Rwanda's obligations under the EAC Treaty.
Regional integration law – Good governance – Rule of law – Human rights – EAC Treaty – Prolonged incommunicado detention – Jurisdiction of EACJ – Exhaustion of local remedies – Limitation period – Interpretation and application of Treaty provisions by EACJ.
|
African Regional Bodies
· African Union (AU)
|
1 June 2012 |
|
The EACJ has jurisdiction to interpret the Treaty where a Partner State breaches good governance principles, even if human rights are implicated.
Regional integration law – jurisdiction of the East African Court of Justice – interpretation and application of EAC Treaty provisions – fundamental principles of good governance, rule of law, and human rights – exhaustion of local remedies – time-bar for lodging references – arbitrary detention by a partner state – cause of action under regional treaty distinguished from ordinary human rights claims.
|
African Regional Bodies
· African Union (AU)
|
1 June 2012 |
|
|
African Regional Bodies
· African Union (AU)
|
15 March 2012 |
|
A Reference alleging Treaty breaches was struck out as time-barred under Article 30(2) of the EAC Treaty.
Regional integration law – jurisdiction of the East African Court of Justice – interpretation and application of Treaty – human rights allegations – time limit for instituting References – Article 30(2) of the EAC Treaty – proper procedure for preliminary objections.
|
African Regional Bodies
· African Union (AU)
|
15 March 2012 |
|
A Reference alleging Treaty breaches was struck out as time-barred since it was filed beyond the EACJ's two-month limitation period.
Regional integration law – East African Court of Justice – reference for interpretation of EAC Treaty – jurisdiction limited to breaches of Treaty provisions and not direct enforcement of human rights – limitation period for filing references – strict two-month deadline under Article 30(2) – no implied power to extend period or recognize continuing violation exception – proper procedure for preliminary objections.
|
African Regional Bodies
· African Union (AU)
|
15 March 2012 |
Human rights and Fundamental freedoms – Economic, Social and Cultural Rights – access to land and rights to religious practice, to property, to culture, to the free disposition of natural resources, and to development |
African Regional Bodies
· African Union (AU)
|
25 November 2009 |
