Results.
204 documents found.
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Jurisdiction |
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An application for extension of time to appeal failed due to inordinate delay and lack of sufficient explanation by the applicant.
Civil Procedure – Applications for extension of time – Rule 4 EACJ Rules – Sufficient reason – Inordinate delay – Requirement for detailed explanation of delay – Burden to show adequate cause rests on applicant – Prejudice to successful parties and finality in litigation.
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 African Regional Bodies
· African Union (AU)
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14 February 2013 |
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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
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Lesotho
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13 February 2013 |
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Namibia
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16 January 2013 |
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Namibia
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30 July 2012 |
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Human rights and fundamental freedoms – unlawful Sterilisation – doctrine of informed consent - the required consent must be given freely and voluntarily and should not have been induced by fear, fraud or force - such consent must also be clear and unequivocal – the lack of informed consent amounts to an assault
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Namibia
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30 July 2012 |
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African Regional Bodies
· African Union (AU)
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27 June 2012 |
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Applicants’ non-appearance and failure to produce a Rule 86 certificate led to dismissal of the strike-out application; appeal adjourned for inter partes hearing.
Civil procedure — non-appearance
Civil procedure — Rule 86 certificate — inter partes
Civil procedure — Rule 86 certificate — registry compliance
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African Regional Bodies
· African Union (AU)
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27 June 2012 |
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Court dismissed application for applicants' non‑appearance but adjourned the substantive appeal for inter partes hearing due to gravity.
Civil procedure — Non‑appearance — Dismissal under Rule 61(2) — Abuse of court process
Appellate procedure — Filing requirements — Registrar's Certificate under Rule 86 — Court's power to require production and to adjourn for inter partes hearing
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African Regional Bodies
· African Union (AU)
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27 June 2012 |
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African Regional Bodies
· African Union (AU)
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1 June 2012 |
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EACJ held it may interpret the Treaty and found the respondent State breached Articles 6(d), 7(2) and 8(1)(c) by arbitrary detention.
Civil procedure — Procedure — Exhaustion of local remedies — Court will not import such a requirement where absent
Civil procedure — Procedure — Exhaustion of local remedies — No express requirement in the EAC Treaty
Human rights — arbitrary detention
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African Regional Bodies
· African Union (AU)
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1 June 2012 |
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EACJ may interpret Treaty to find a Partner State breached good governance by unlawful prolonged incommunicado detention.
Treaty law — Jurisdiction of EACJ — Interpretation of Treaty provisions including good governance and human rights allegations under Article 27(1)
Treaty law — Access to EACJ — Absence of an express requirement in the EAC Treaty to exhaust local remedies before filing a Reference
Constitutional/administrative law — Detention and Rule of Law — Prolonged incommunicado detention and failure to produce detainee breaches Articles 6(d), 7(2) and 8(1)(c) of the EAC Treaty
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African Regional Bodies
· African Union (AU)
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1 June 2012 |
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African Regional Bodies
· African Union (AU)
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10 May 2012 |
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The court restrained Uganda from holding EALA elections under invalid rules until compliance with Article 50 of the Treaty is achieved.
Regional integration law — East African Legislative Assembly (EALA) elections — compliance with Article 50 of the Treaty for the Establishment of the East African Community
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African Regional Bodies
· African Union (AU)
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10 May 2012 |
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EALA elections in Uganda restrained until parliamentary rules are amended to comply with the East African Community Treaty.
East African Community law – compliance with Treaty obligations – elections to the East African Legislative Assembly – requirement for fair representation of political parties, shades of opinion, gender and special interest groups – judicial review of national procedures for EALA elections – inordinate delay in amending national rules to conform to Treaty – court’s power to restrain national authorities from proceeding with non-compliant elections.
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African Regional Bodies
· African Union (AU)
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10 May 2012 |
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African Regional Bodies
· African Union (AU)
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15 March 2012 |
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Article 30(2)’s two‑month filing period is mandatory; Reference dismissed as time‑barred.
Regional integration law — Jurisdiction of EACJ — Whether the EACJ may interpret the Treaty where a Reference includes human rights allegations — Article 27(1)
Civil procedure — Preliminary objections — Whether preliminary objections are pure points of law or require factual inquiry — Mukisa principle / Rule 68(5)
Limitation law — Limitation — Two‑month filing period under Article 30(2) mandatory and non‑extendable — Article 30(2) EAC Treaty
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African Regional Bodies
· African Union (AU)
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15 March 2012 |
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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.
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African Regional Bodies
· African Union (AU)
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15 March 2012 |
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African Regional Bodies
· African Union (AU)
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30 November 2011 |
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The court restrained Uganda from holding EALA elections under disputed Rules pending resolution of a Treaty compliance challenge.
Administrative law — East african community law — EALA elections — Interim injunction — Interpretation and application of Article 50 of the Treaty
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African Regional Bodies
· African Union (AU)
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30 November 2011 |
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The court granted an interim injunction restraining Ugandan EALA elections pending resolution of the challenge to parliamentary election rules.
Regional integration – Treaty for the Establishment of the East African Community – elections to the East African Legislative Assembly (EALA) – interim injunction – compliance of national parliamentary rules with Treaty obligations – irreparable injury and balance of convenience in grant of interlocutory injunctions.
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African Regional Bodies
· African Union (AU)
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30 November 2011 |
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African Regional Bodies
· African Union (AU)
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30 September 2011 |
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The African Court on Human and Peoples’ Rights lacks jurisdiction over employment contract disputes governed by OAU Staff Regulations.
Jurisdiction - African Court on Human and Peoples' Rights - application based solely on alleged breach of employment contract under OAU Staff Regulations - competence of Ad hoc Administrative Tribunal of the African Union - absence of human rights violation - lack of jurisdiction.
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African Regional Bodies
· African Union (AU)
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30 September 2011 |
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The court lacks jurisdiction over employment contract disputes not involving human rights instruments.
Jurisdiction — African Court on Human and Peoples' Rights — employment contract disputes
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African Regional Bodies
· African Union (AU)
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30 September 2011 |
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The court lacks jurisdiction over employment disputes between AU staff and AU organs based solely on employment contract breaches.
Jurisdiction – African Court on Human and Peoples' Rights – Labour and employment disputes – Breach of employment contract – OAU Staff Regulations – Whether the African Court on Human and Peoples' Rights has jurisdiction to hear employment disputes originating from AU institutions.
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African Regional Bodies
· African Union (AU)
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30 September 2011 |
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African Regional Bodies
· African Union (AU)
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2 September 2011 |
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The African Court struck out an application for lack of jurisdiction as the respondent state was not a party to the Protocol.
International law – Jurisdiction of the African Court on Human and Peoples' Rights – Requirement of respondent state being party to Protocol – Inadmissibility for want of jurisdiction.
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African Regional Bodies
· African Union (AU)
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2 September 2011 |
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Court lacked jurisdiction to hear the applicant's complaint against a State not party to the Protocol.
Human rights — Jurisdiction — Personal jurisdiction of the African Court where State has not deposited Article 34(6) declaration — Protocol Art. 3(1)
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African Regional Bodies
· African Union (AU)
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2 September 2011 |
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The Court lacks jurisdiction to hear complaints against states not parties to its Protocol or members of the African Union.
African Court on Human and Peoples' Rights – jurisdiction – Article 3(1) of the Protocol – requirement for respondent state to be member of African Union and to have ratified Protocol – application struck out for lack of jurisdiction.
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African Regional Bodies
· African Union (AU)
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2 September 2011 |
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African Regional Bodies
· African Union (AU)
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30 June 2011 |
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Delay by the Secretary‑General and a Partner State in concluding an Article 27 protocol breaches Treaty governance obligations.
Regional integration law — Good governance and compliance — Delay in concluding protocol breaches Article 6(d) and Article 8(1)(c) of the Treaty — Treaty obligations
Regional integration law — Institutional duty of the Secretary‑General — Failure to invoke Article 29 referral obligations to secure Partner State compliance — Secretary‑General (Article 29)
Regional integration law — Jurisdiction of EACJ — Court’s competence to interpret and apply the Treaty but limited remedial powers under Articles 23 and 27 — Article 27(2) Treaty for the Establishment of the East African Community
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African Regional Bodies
· African Union (AU)
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30 June 2011 |
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Delay by Community organs to operationalise EACJ appellate jurisdiction breaches Treaty duties and principles of good governance.
Treaty interpretation – Article 27(2) – EACJ appellate jurisdiction requires Council-adopted protocol; Article 29 duties of Secretary General – duty to act on Partner State non-compliance; Article 8(1)(c)/Article 6(d) – delay in operationalisation contravenes principles of good governance; locus/ cause of action under Article 30 – no requirement to show personal right or damage; procedural – nominal respondents/striking off.
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African Regional Bodies
· African Union (AU)
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30 June 2011 |
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African Regional Bodies
· African Union (AU)
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25 March 2011 |
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The Court ordered Libya to immediately refrain from actions risking loss of life or physical harm amid urgent human rights violations.
Human rights – Provisional measures – Right to life and physical integrity – Serious and widespread violations – Urgency – Preventing irreparable harm – African Charter obligations – Prima facie jurisdiction of the Court – Power to order provisional measures suo motu.
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African Regional Bodies
· African Union (AU)
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25 March 2011 |
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Court ordered provisional measures directing the respondent to refrain from acts endangering life and to report within fifteen days.
Human rights — Provisional measures — Power to order measures proprio motu under Article 27
Jurisdiction — Prima facie jurisdiction for provisional measures — Prima facie jurisdiction under Articles 3 and 5 of the Protocol
Human rights — Right to life — Risk of irreparable harm
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African Regional Bodies
· African Union (AU)
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25 March 2011 |
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The Court ordered provisional measures requiring the respondent to prevent loss of life and report steps taken amid alleged grave rights violations.
International Human Rights – Provisional measures – Conditions for granting – Grave and urgent risk of irreparable harm – Right to life and physical integrity – Violent suppression of demonstrations – African Charter on Human and Peoples’ Rights – Prima facie jurisdiction of African Court – Power to order measures proprio motu.
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African Regional Bodies
· African Union (AU)
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25 March 2011 |
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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
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African Regional Bodies
· African Union (AU)
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25 November 2009 |
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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
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African Regional Bodies
· African Union (AU)
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25 November 2009 |
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Human rights — 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
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African Regional Bodies
· African Union (AU)
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25 November 2009 |
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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
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African Regional Bodies
· African Union (AU)
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25 November 2009 |
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Eswatini
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21 November 2008 |
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Namibia
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31 October 2008 |
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Applicant challenged return-to-camp order; court held ID was not a residence permit and dismissed the challenge.
Refugee law – residence restrictions – identity card versus urban residence permit – standing – procedural fairness (s.43 Constitution) – discrimination (ss.20 & 44) – Article 26 reservation – ultra vires delegation – Immigration Act authority
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Malawi
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17 April 2008 |
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A foreign national employed without a valid work permit may still be an 'employee' under the LRA, so the CCMA has jurisdiction.
Labour law — CCMA jurisdiction — review of commissioner’s jurisdictional ruling — CCMA jurisdiction to arbitrate unfair dismissal of a foreign national
Labour law — employment relationship — Application of section 23(1) to persons engaged in unlawful work — Whether such persons are 'employees' under s 213 of the LRA
Labour law — Statutory interpretation — Effect of Immigration Act s 38(1) on contract validity — Constitutional and international law interpretive duty
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South Africa
· Gauteng
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28 March 2008 |
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African Regional Bodies
· African Union (AU)
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11 November 2007 |
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A Partner State's disregard of court orders and interference with judicial independence violates the rule of law under the EAC Treaty.
Regional integration law — East African Community Treaty
Regional integration law — East African Community Treaty — independence of the judiciary
Regional integration law — East African Community Treaty — interpretation of Treaty provisions
Regional integration law — East African Community Treaty — jurisdiction of the EACJ
Regional integration law — East African Community Treaty — powers and duties of the Secretary General under the Treaty
Regional integration law — East African Community Treaty — re-arrest and detention of persons granted bail
Regional integration law — East African Community Treaty — res judicata
Regional integration law — East African Community Treaty — Rule of law
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African Regional Bodies
· African Union (AU)
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11 November 2007 |
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State interference with judicial decisions by re-arresting bailed individuals contravenes the rule of law under the EAC Treaty.
Regional integration law – Rule of law – Treaty interpretation – Independence of judiciary – Enforcement of court orders – State action undermining judicial decisions – Duties of regional Secretariat – Investigatory obligations under the Treaty – Costs.
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African Regional Bodies
· African Union (AU)
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11 November 2007 |
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Whether excluding recognised refugees from registration in the private security industry amounts to unfair discrimination under section 9.
Administrative law — review of administrative action — administrative action
Administrative law — review of administrative action — Refusal to register or withdrawal of registration as security service providers
Constitutional law — equality — Refugees — role of s 23(6) discretionary exemption
Constitutional law — equality — Refugees — Whether exclusion from registration as security service providers constitutes unfair discrimination
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South Africa
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12 December 2006 |
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Sierra Leone
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7 September 2006 |
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Namibia
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21 July 2004 |
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Seychelles
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28 May 2002 |
