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…

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

Belguith v Republic of Tunisia (Application No. 017/2021)

Belguith v Republic of Tunisia (Application No. 017/2021) [2022] AfCHPR 35 (22 September 2022)

Court

African Court on Human and Peoples Rights

Case number

Application No. 017/2021

Judge

Aboud P, Adjei J, Anukam J, Bensaoula J, Chizumila J, Kioko J, Mengue J, Ntsebeza J, Sacko J, Tchikaya VP

The Court found that the Respondent State violated the applicant's right to be heard under Article 7(1)(a) of the Charter by failing to provide access to a competent tribunal for constitutional review of presidential decrees, as the Constitutional Court had not been operationalised and no alternative remedy existed. The Court further held that the suspension of Parliament and abrogation of constitutional provisions through presidential decrees, without adherence to constitutional procedures and without considering less restrictive measures, constituted a disproportionate and unlawful restrict…

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• Right To Be Heard
• Political Participation
• Self Determination
• Constitutional Review
• Judicial Independence

Belghuith v Tunisian Republic (Aplication No. 002/2022)

Belghuith v Tunisian Republic (Aplication No. 002/2022) [2022] AfCHPR 67 (23 June 2022)

Court

African Court on Human and Peoples Rights

Case number

Aplication No. 002/2022

Judge

Aboud P, Anukam J, Ben Achour J, Bensaoula J, Chizumila J, Kioko J, Mukamulisa J, Ntsebeza J, Sacko J, Tchikaya VP

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.

• Judicial Independence
• Separation Of Powers
• Right To Participate In Government
• Rule Of Law
• Provisional Measures
• Self Determination

Katangese Peoples Congress v Zaire (Communication 72 of 1992)

Katangese Peoples Congress v Zaire (Communication 72 of 1992) [1992] ACHPR 3 (1 January 1992)

Court

African Commission on Human and Peoples Rights

Case number

Communication 72 of 1992

The African Commission held that Katanga had no demonstrated Charter-based entitlement to independence and found no evidence of violations justifying secession.

• Self Determination
• Territorial Integrity
• Sovereignty Of States
• Participation In Government
• Self-determination
• Territorial-integrity

Union National De Liberation De Cabinda v Angola (Communication 24 of 1989)

Union National De Liberation De Cabinda v Angola (Communication 24 of 1989) [1989] ACHPR 2 (14 April 1989)

Court

African Commission on Human and Peoples Rights

Case number

Communication 24 of 1989

The African Commission declared inadmissible a communication by the Union National De Liberation de Cabinda against Angola because Angola was not a party to the Charter.

• Admissibility Of Communications
• State Party Requirement
• Self Determination
• Jurisdiction Of Commission
• Admissibility-of-communications
• State-party-requirement