Uganda Case Law

Zorgati v Republic of Tunisia (Application No. 016/2021)

Zorgati v Republic of Tunisia (Application No. 016/2021) [2024] AfCHPR 32 (13 November 2024)

Court

African Court on Human and Peoples Rights

Case number

Application No. 016/2021

Judge

Aboud P, Adjei J, Anukam J, Bensaoula J, Chizumila J, Eno R, Gaswaga J, Mengue J, Ntsebeza J, Sacko VP, Tchikaya J

The Court found that the adoption of the 27 January 2014 Constitution by a Constituent National Assembly elected by universal suffrage constituted indirect participation of the people and did not violate the right to self-determination under Article 20 of the Charter. The absence of a referendum was not mandatory under the Charter or other human rights instruments. However, the Court held that the Respondent State violated Article 26 by interfering in the independence of the judiciary, specifically through the dissolution of the High Judicial Council and failure to establish the Constitutiona…

Source excerpt

• Self Determination
• Judicial Independence
• Separation Of Powers
• Constitutional Review
• Legislative Independence