Substantive rights

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Substantive rights
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182 documents
Title
Jurisdiction
Date
 Malawi 30 December 2025
 Malawi 28 October 2025
 Malawi 17 July 2025
 Malawi 17 July 2025

FLYNOTE
Education Law — Appointment of school principal — Teaching Service Commission — Discretion to appoint from recommended candidates — Whether School Board’s ranking creates enforceable legitimate expectation — Procedural fairness — Rationality — Education Act 2010, s 42.

 Lesotho 2 May 2025
 Lesotho 2 May 2025
 Lesotho 18 March 2025
 Lesotho 6 February 2025
 Malawi 12 January 2025

Constitutional lawFundamental rights Equality before the law — Article 10 of the Constitution — Article 8 of the Constitution — Right to dignity — Same-sex relationships — Homosexuality — Criminal law — Common Law Sexual Offences — Sodomy — Unnatural sexual offences — Various forms of sexual conduct committed by a male person with another male person are not regarded as criminal, if committed by a male person with a female person — Differentiation which the impugned laws accord to homosexual men amounts to unfair discrimination and thus unconstitutional.

 Namibia 21 June 2024
African Union Icon African Regional Bodies 23 May 2024
African Union Icon African Regional Bodies 23 May 2024
African Union Icon African Regional Bodies 23 May 2024
African Union Icon African Regional Bodies 23 May 2024
 Malawi 10 April 2024
 Lesotho 20 June 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
 Tanzania 21 October 2022

Criminal law – statutory rape - HIV transmission to a victim below the age of consent

 Tanzania 21 October 2022
 Malawi 14 July 2021
 Zimbabwe 16 June 2021

Human rights and fundamental freedoms - right to a fair trial- right to legal representation 

Sentencing – interpretation of sections 70 and 80(1)(c) of the Criminal Law (Codification and Reform) Act - minimum mandatory sentence of not less than ten years for engaging in sexual intercourse with a young person and exposing them to the risk of HIV transmission 

 Zimbabwe 16 June 2021
 Seychelles 1 June 2020

The Complainant alleges that the Respondent State has violated Articles l, 2, 3, 4, 5, 6, 7, 8, 14, 15, 17, 19, 60 and 61 of the African Charter on Human and Peoples' Rights.

African Union Icon African Regional Bodies · African Union (AU) 18 October 2018

The Complainant alleges that the Respondent State has violated Articles l, 2, 3, 4, 5, 6, 7, 8, 14, 15, 17, 19, 60 and 61 of the African Charter on Human and Peoples' Rights.

African Union Icon African Regional Bodies · African Union (AU) 18 October 2018

The Complainant alleges that the Respondent State has violated Articles l, 2, 3, 4, 5, 6, 7, 8, 14, 15, 17, 19, 60 and 61 of the African Charter on Human and Peoples' Rights.

African Union Icon African Regional Bodies · African Union (AU) 18 October 2018

The Complainant alleges that the Respondent State has violated Articles l, 2, 3, 4, 5, 6, 7, 8, 14, 15, 17, 19, 60 and 61 of the African Charter on Human and Peoples' Rights.

African Union Icon African Regional Bodies · African Union (AU) 18 October 2018
African Union Icon African Regional Bodies · African Union (AU) 18 October 2018
A complaint alleging human rights violations was struck out for failure to prosecute and non-compliance with procedural requirements.
African Charter on Human and Peoples' Rights – Admissibility – Diligent prosecution – Striking out of communication for failure to prosecute – Rules of procedure – Extension of time for submissions.
African Union Icon African Regional Bodies · African Union (AU) 18 October 2018
The Commission struck out the communication due to the complainant's failure to prosecute the case diligently within time limits.
African Charter on Human and Peoples' Rights – communication procedure – admissibility – striking out for want of diligent prosecution – failure to submit required submissions within prescribed time despite extensions.
African Union Icon African Regional Bodies · African Union (AU) 18 October 2018
Complaint struck out for lack of diligent prosecution after complainant failed to submit required admissibility arguments.
African Charter – admissibility – non-compliance with procedural requirements – strike out for want of diligent prosecution – failure to submit admissibility arguments within extended deadlines.
African Union Icon African Regional Bodies · African Union (AU) 18 October 2018

The Complainants allege violation of Articles l, 2, 3, 4, 5, 19, 60 and 61 of the African Charter on Human and Peoples' Rights.

African Union Icon African Regional Bodies · African Union (AU) 18 October 2018

The Complainants allege violation of Articles l, 2, 3, 4, 5, 19, 60 and 61 of the African Charter on Human and Peoples' Rights.

African Union Icon African Regional Bodies · African Union (AU) 18 October 2018

The Complainants allege violation of Articles l, 2, 3, 4, 5, 19, 60 and 61 of the African Charter on Human and Peoples' Rights.

African Union Icon African Regional Bodies · African Union (AU) 18 October 2018

The Complainants allege violation of Articles l, 2, 3, 4, 5, 19, 60 and 61 of the African Charter on Human and Peoples' Rights.

African Union Icon African Regional Bodies · African Union (AU) 18 October 2018
African Union Icon African Regional Bodies · African Union (AU) 18 October 2018
Where a complainant fails to submit admissibility arguments or engage with the process, the African Commission will strike out the communication.
African Commission procedure – striking out communication – failure by complainant to submit arguments on admissibility – lack of diligent prosecution – Rule 105(1), Rule 113, Rules of Procedure.
African Union Icon African Regional Bodies · African Union (AU) 18 October 2018
A communication was struck out due to the complainant's failure to prosecute and comply with procedural requirements on admissibility.
African Charter – procedure – admissibility – failure to prosecute complaint – communication struck out for lack of diligent prosecution.
African Union Icon African Regional Bodies · African Union (AU) 18 October 2018
A complaint was struck out by the Commission due to the complainant's failure to pursue it with due diligence.
African Commission procedure – Diligent prosecution – Striking out of communication for failure to submit required arguments on admissibility within prescribed timing – Failure to respond to Commission correspondence.
African Union Icon African Regional Bodies · African Union (AU) 18 October 2018
African Union Icon African Regional Bodies · African Union (AU) 18 October 2018
A complaint was declared inadmissible for failing to meet language and exhaustion of remedies requirements under the African Charter.
African Charter on Human and Peoples' Rights – Admissibility – Use of disparaging language – Exhaustion of local remedies – Undue prolongation – Inadmissibility due to non-compliance with admissibility requirements under Article 56.
African Union Icon African Regional Bodies · African Union (AU) 18 October 2018
A complaint was declared inadmissible for failing to exhaust local remedies and for use of disparaging language against the judiciary.
African Charter – Admissibility – exhaustion of local remedies – disparaging language – requirements under Article 56 – inadmissibility of communication for non-compliance with admissibility criteria.
African Union Icon African Regional Bodies · African Union (AU) 18 October 2018
Communication was declared inadmissible for failure to exhaust local remedies and for use of disparaging language against the judiciary.
Admissibility of communications – African Charter on Human and Peoples' Rights, Article 56 – prerequisites for admissibility – exhaustion of local remedies – non-use of disparaging language – assessment of effective and sufficient remedy – requirement for substantiated allegations and reasonable period for submission.
African Union Icon African Regional Bodies · African Union (AU) 18 October 2018
African Union Icon 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 Union Icon 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 Union Icon 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 Union Icon African Regional Bodies · African Union (AU) 18 October 2018
African Union Icon African Regional Bodies · African Union (AU) 17 October 2018
Selective denial of amnesty violated equal protection and fair trial rights; Uganda ordered to compensate for Charter breaches.
Human rights – Right to equal protection of the law – Grant of amnesty – Selective denial of amnesty – Right to a fair trial – Reasoned judgment – Delay in judicial proceedings – Interpretation and application of amnesty laws post-conflict – African Charter on Human and Peoples’ Rights, Articles 3, 7(1)(a) and (d).
African Union Icon African Regional Bodies · African Union (AU) 17 October 2018