article 19 and others v republic of zimbabwe communication 305 of 2005 2010 achpr 108 24 november 2010

article 19 and others v republic of zimbabwe communication 305 of 2005 2010 achpr 108 24 november 2010

The Commission found that the complainants did not submit the communication within a reasonable period after exhausting local remedies, as required by Article 56(6) of the African Charter. The two-year delay was not justified by compelling reasons, and the matter before the Commission was not the denial of a license but the compatibility of the broadcasting regime with the Charter. Therefore, the communication was declared inadmissible.

Citation
article 19 and others v republic of zimbabwe communication 305 of 2005 2010 achpr 108 24 november 2010
Parties
Complainant: ARTICLE 19; Complainant: Media Institute of Southern Africa (MISA) of Zimbabwe; Complainant: Institute for Human Rights and Development in Africa; Complainant: Gerry Jackson; Complainant: Michael Auret Jr.; Respondent: Republic of Zimbabwe
Court
ACHPR
Jurisdiction
Tanzania
Judgment Date
24 November 2010
Procedural Posture
Communication (individual Complaint) Before African Commission on Human and Peoples' Rights / Decision on Admissibility
Outcome
communication declared inadmissible
Legal Topics
Freedom of Expression, Media Regulation, Exhaustion of Local Remedies, Admissibility of Complaints, State Monopoly, Discrimination
Source Language
English
Human Rights Law Constitutional Law Administrative Law Freedom of Expression Media Regulation Exhaustion of Local Remedies Admissibility of Complaints State Monopoly +1 more

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Parties

ARTICLE 19

Complainant

Media Institute of Southern Africa (MISA) of Zimbabwe

Complainant

Institute for Human Rights and Development in Africa

Complainant

Gerry Jackson

Complainant

Michael Auret Jr.

Complainant

Republic of Zimbabwe

Respondent

Procedural Posture

Communication (individual Complaint) Before African Commission on Human and Peoples' Rights / Decision on Admissibility

Legal Issues

  1. 1 Whether the complaint meets the admissibility requirements under Article 56 of the African Charter on Human and Peoples' Rights, specifically regarding exhaustion of local remedies and submission within a reasonable time.
  2. 2 Whether the provisions of Zimbabwe's broadcasting regulatory regime are incompatible with the African Charter.

Ratio Decidendi

The Commission found that the complainants did not submit the communication within a reasonable period after exhausting local remedies, as required by Article 56(6) of the African Charter. The two-year delay was not justified by compelling reasons, and the matter before the Commission was not the denial of a license but the compatibility of the broadcasting regime with the Charter. Therefore, the communication was declared inadmissible.

Court Disposition

communication declared inadmissible

Orders

  • Communication declared inadmissible for failure to comply with Article 56(6) of the African Charter.
  • Notice of the decision to be given to the parties.