The African Court found no violations in a Malawi election petition challenge and held the application admissible, dismissing reparations and ordering each party to bear its own costs.
The African Court deferred a request for provisional measures because the relief sought was the same as the main application and would risk prejudging the merits.
Kaunda and Others v Republic of Malawi (Application No. 013/2021) [2021] AfCHPR 44 (11 June 2021)
Court
African Court on Human and Peoples Rights
Case number
Application No. 013/2021
Judge
Aboud J, Anukam J, Ben Achour J, Bensaoula J, Eno R, Kioko J, Mengue J, Mukamulisa J, Tchikaya J
The African Court dismissed a request to halt a Malawi by-election, finding prima facie jurisdiction but no irreparable harm, despite established urgency.
The African Court granted provisional measures in part, ordering Benin to remove obstacles to the applicant’s candidacy for the 2021 presidential election.
The Court found that while it had prima facie jurisdiction to consider the application, the Applicant failed to provide evidence of extreme gravity, urgency, or a serious risk of irreparable harm as required for the grant of provisional measures under Article 27(2) of the Protocol. The Applicant's allegations regarding the neutrality of the COS and the potential impact on the electoral process were deemed to relate to the merits of the case, which would be addressed in due course. In the absence of substantiated evidence demonstrating imminent and irreparable harm, the Court concluded that th…
The African Court dismissed a request for provisional measures over Côte d’Ivoire’s electoral commission reform, finding no extreme urgency or irreparable harm.
Nyamwasa and Others v Republic of Rwanda (Application No. 016/2015) [2017] AfCHPR 126 (24 March 2017)
Court
African Court on Human and Peoples Rights
Case number
Application No. 016/2015
Judge
Ben Achour J, Bossa J, Eno R, Guissè J, Kioko VP, Matusse J, Mengue J, Niyungeko J, Orè P
The African Court dismissed an application for interim measures seeking to stop Rwanda’s constitutional referendum on presidential term limits, finding the request had been overtaken by events.
Lawyers For Human Rights v Swaziland (Communication 251 of 2002) [2005] ACHPR 68 (11 May 2005)
Court
African Commission on Human and Peoples Rights
Case number
Communication 251 of 2002
The African Commission found that the Kingdom of Swaziland, by maintaining the King's Proclamation of 1973 and subsequent decrees, failed to bring its domestic laws in conformity with the African Charter after ratification. The vesting of all state powers, including judicial authority, in the King, the prohibition of political parties, and the restriction of association and assembly rights constitute ongoing violations of Articles 1, 7, 10, 11, 13, and 26 of the Charter. The Commission determined that judicial remedies in Swaziland are ineffective or unavailable, satisfying the exception to t…
Constitutional Rights Project and Another v Nigeria (Communication 102 of 1993) [1998] ACHPR 2 (31 October 1998)
Court
African Commission on Human and Peoples Rights
Case number
Communication 102 of 1993
The African Commission held that Nigeria’s annulment of the 1993 election, detentions of activists and journalists, and seizure of publications breached the Charter.
Peoples Democratic Organisation for Independence and Socialism v Gambia (Communication 44 of 1990) [1996] ACHPR 7 (31 October 1996)
Court
African Commission on Human and Peoples Rights
Case number
Communication 44 of 1990
The Commission found a communication on voter registration in The Gambia had been amicably resolved after the government conceded the grievances and promised electoral reform.