ntaka v lesotho communication 33 of 1989 1988 achpr 18 26 october 1988
- Citation
- ntaka v lesotho communication 33 of 1989 1988 achpr 18 26 october 1988
- Status
- Judgment
- Jurisdiction
- Tanzania
- Court
- ACHPR
- Decision
- 26 October 1988
- Posture
- Communication / Admissibility
- Language
- English
More details
- Court
- ACHPR
- Decision
- 26 October 1988
- Posture
- Communication / Admissibility
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The communication is inadmissible because it is directed against a State which is not a party to the African Charter on Human and Peoples’ Rights.
Court disposition
communication inadmissible
02
Material facts
Parties
Simon B. Ntaka
ApplicantLesotho
Respondent03
Procedural history
Posture
Communication / Admissibility
04
Questions and positions
Legal issues
Whether the communication is admissible against a State not party to the African Charter on Human and Peoples’ Rights
Party arguments
- Applicant
- Alleged infringement of the right to free movement by Lesotho.
- Respondent
- Lesotho is not a party to the African Charter on Human and Peoples’ Rights.
05
Court’s reasoning
Legal principles
- 01
Article 101 of the Rules of Procedure
A communication is inadmissible if directed against a State not party to the African Charter on Human and Peoples’ Rights.
06
Ratio, limits and disposition
Ratio decidendi
The communication is inadmissible because it is directed against a State which is not a party to the African Charter on Human and Peoples’ Rights.
Court disposition
communication inadmissible
Source and reliance status
ACHPR · 26 October 1988
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Judgment reading view
Judgment text
The complete available source text.
ACHPR
Judgment· 26 October 1988
17-26 October 1988 Communication No. 33/89 AFRICAN COMMISSION ON HUMAN AND PEOPLES' RIGHTS Fourth Ordinary Session 17-26 October 1988 SIMON B. NTAKA v.
LESOTHO
DECISION Citation: Ntaka v. Lesotho, Comm. 33/89, 7th ACHPR AAR Annex IX (1993-1994) Publications: IHRDA, Compilation of Decisions on Communications of the African Commission On Human and Peoples’ Rights Extracted from the Commission’s Activity Reports 1994-2001, at 150 (2002); Documents of the African Commission on Human and Peoples’ Rights, at 343 (Malcolm D. Evans & Rachel Murray eds., 2001) COMMUNICATION ON INFRINGEMENT OF THE RIGHT TO FREE MOVEMENT, DATED JANUARY 14, 1974 [1] “The African Commission on Human and Peoples’ Rights, established under article 30 of the African Charter on Human and Peoples’ Rights; [2] Meeting at its fourth ordinary session held from17 to 26 October 1988; [3] Considering that the communication is directed against a State which is not a party to the African Charter on Human and Peoples’ Rights; [4] Declares the communication inadmissible” (Article 101 of the Rules of Procedure).
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