uko and others v republique sud africaine requete n 0042012 2012 afchpr 3 30 mars 2012

uko and others v republique sud africaine requete n 0042012 2012 afchpr 3 30 mars 2012

The African Court on Human and Peoples’ Rights lacks jurisdiction to consider applications from individuals against a State Party that has not made the declaration under Article 34(6) of the Protocol. Since South Africa has not made such a declaration, the Court is manifestly not competent to hear the case.

Source-derived case information.

Citation
uko and others v republique sud africaine requete n 0042012 2012 afchpr 3 30 mars 2012
Parties
Applicant: Emmanuel Joseph Uko et autres; Respondent: République Sud-africaine
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2012
Procedural Posture
Human Rights Application / Preliminary Objection/decision on Jurisdiction
Outcome
Application struck out for lack of jurisdiction
Legal Topics
Jurisdiction of African Court, Individual Petitions, State Declarations Under Protocol
Source Language
en
International Human Rights Law Jurisdiction of African Court Individual Petitions State Declarations Under Protocol

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 1 Authorities cited 9 Party arguments 2
Sign in to unlock

Parties

Emmanuel Joseph Uko et autres

Applicant

République Sud-africaine

Respondent

Procedural Posture

Human Rights Application / Preliminary Objection/decision on Jurisdiction

  1. 1 Whether the African Court on Human and Peoples’ Rights has jurisdiction to hear an application against South Africa by individuals when South Africa has not made the declaration under Article 34(6) of the Protocol

Ratio Decidendi

The African Court on Human and Peoples’ Rights lacks jurisdiction to consider applications from individuals against a State Party that has not made the declaration under Article 34(6) of the Protocol. Since South Africa has not made such a declaration, the Court is manifestly not competent to hear the case.

Court Disposition

Application struck out for lack of jurisdiction

Orders

  • The Court is manifestly not competent to hear the application under Articles 5(3) and 34(6) of the Protocol.
  • The case is struck out from the Court's roll.