Download PDF

Tanzania Judgment

ACHPR

ntaka v lesotho communication 33 of 1989 1988 achpr 18 26 october 1988

On this page

Professional case brief

Research organized from the available case record

Source document

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

Applicant

Lesotho

Respondent

03

Procedural history

  1. 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

  1. 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

This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.

Judgment reading view

Judgment text

The complete available source text.

Source document

ACHPR

Judgment· 26 October 1988

ntaka v lesotho communication 33 of 1989 1988 achpr 18 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).

Source wording is retained. Consult the source document for its original formatting and pagination.

Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

African Charter on Human and Peoples’ Rights

Legislation

Legislation referenced in the available case record.

Article 101 of the Rules of Procedure

Legislation

Legislation referenced in the available case record.

Case-aware research

Ask AI about this case

The judgment and available research above are public. New questions open in a separate private conversation grounded in this case.

About this LexChat collection

This page organizes the available case record for research. Verify quotations, current status, and subsequent treatment against the source document. Corrections can be reported to hello@esheria.ai.

Legal information, not legal advice. Research summaries do not replace the judgment.