[1988] ACHPR 18
The African Commission determined that it lacked jurisdiction to consider the communication because Lesotho was not a party to the African Charter on Human and Peoples' Rights. The Rules of Procedure explicitly require that communications be directed against States that are parties to the Charter. As Lesotho had not...
Source-derived case information.
- Citation
- [1988] ACHPR 18
- Parties
- Applicant: Simon B. Ntaka; Respondent: Lesotho
- Court
- African Commission on Human and Peoples Rights
- Jurisdiction
- Uganda
- Case Number
- Communication 33 of 1989
- Procedural Posture
- Communication / Admissibility
- Outcome
- communication declared inadmissible
- Legal Topics
- Admissibility of Communications, Jurisdiction of Commission, State Party Requirement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Simon B. Ntaka
Applicant
Lesotho
Respondent
Procedural Posture
Communication / Admissibility
Legal Issues
- 1 Whether the African Commission on Human and Peoples' Rights has jurisdiction to consider a communication against a State not party to the African Charter.
- 2 Whether the communication meets the admissibility requirements under the Rules of Procedure.
Ratio Decidendi
The African Commission determined that it lacked jurisdiction to consider the communication because Lesotho was not a party to the African Charter on Human and Peoples' Rights. The Rules of Procedure explicitly require that communications be directed against States that are parties to the Charter. As Lesotho had not ratified or acceded to the Charter, the Commission declared the communication inadmissible under Article 101 of its Rules of Procedure.
Court Disposition
communication declared inadmissible
Orders
- The communication is declared inadmissible under Article 101 of the Rules of Procedure.
Full Case Text
Judgment text and source record
7 paragraphs
**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).