Wakilii

Ambe (Represented by Shadrack Tebeile) v Republic of South Africa (Communication 758-21)

African Commission on Human and Peoples' Rights · [2024] ACHPR 15 · 2024 Communication Inadmissible AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Communication to the African Commission on Human and Peoples' Rights challenging alleged violations of the African Charter arising from South African court proceedings
Decision
Communication dismissed as inadmissible; complainant may return to the High Court of South Africa to have the main review application heard on its merits

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The African Commission declared the communication inadmissible for failure to exhaust local remedies. The Commission held that although the complainant had approached courts up to the Constitutional Court of South Africa, those proceedings concerned only an application for leave to appeal the rescission of a default judgment. The main review application remains pending before the High Court and must be heard on its merits before the complainant can approach the Commission.

Outcome

Communication dismissed as inadmissible; complainant may return to the High Court of South Africa to have the main review application heard on its merits

Facts

The complainant, a former Director at the University of Limpopo, enrolled in a Doctor of Commerce program. The University terminated her enrolment on 5 October 2018 on grounds that she was not qualified for initial entry and had not completed graduation requirements. She filed for judicial review under case number 2172/2019. When the University failed to file its affidavit in opposition after being served notice of set down, the complainant obtained a default judgment on 22 October 2019 from the High Court declaring the termination unconstitutional. The University successfully applied for rescission of the default judgment on 25 August 2020, arguing it had not received notice of set down from its lawyers. The complainant sought leave to appeal at the High Court, Supreme Court of Appeal, and Constitutional Court, all of which were dismissed. The main review application remains pending before the High Court.

Issues

  1. Whether the complainant exhausted local remedies as required by Article 56(5) of the African Charter before bringing the communication to the African Commission.
  2. Whether the communication was submitted within a reasonable period from exhaustion of local remedies as required by Article 56(6) of the African Charter.

Orders

  • Communication declared inadmissible for failure to comply with Article 56(5) and Article 56(6) of the African Charter.
  • Decision notified to the parties in accordance with Rule 118(4) of the Rules of Procedure 2020.

Rules and key headnotes

Human Rights — Admissibility of Communications — Exhaustion of Local Remedies
A communication to the African Commission on Human and Peoples' Rights is inadmissible where the complainant has not exhausted local remedies, even where the complainant has approached the highest court in the respondent state, if the matter on its merits remains pending before a lower court.
Human Rights — Exhaustion of Local Remedies — Purpose and Rationale
The exhaustion of local remedies requirement is a fundamental principle of international law ensuring the proper functioning of domestic legal systems and granting national authorities the opportunity to address alleged violations before international intervention.
Civil Procedure — Rescission of Default Judgment — Effect on Exhaustion of Remedies
Where a court grants an application for rescission of a default judgment, the original case is reopened and the parties have an opportunity to present their case on the merits; the complainant must allow the domestic court to hear the matter on its merits before approaching an international tribunal.
Human Rights — Admissibility Requirements — Reasonable Time Requirement
Where Article 56(5) of the African Charter has not been complied with because local remedies have not been exhausted, there is no reason to proceed to consider Article 56(6) concerning reasonable time, as the latter requirement cannot be complied with.

Legislation cited (24)

  • African Charter on Human and Peoples' Rights Article 1
  • African Charter on Human and Peoples' Rights Article 3(1)
  • African Charter on Human and Peoples' Rights Article 3(2)
  • African Charter on Human and Peoples' Rights Article 7(1)
  • African Charter on Human and Peoples' Rights Article 7(1)(c)
  • African Charter on Human and Peoples' Rights Article 7(1)(d)
  • African Charter on Human and Peoples' Rights Article 17(1)
  • African Charter on Human and Peoples' Rights Article 19
  • African Charter on Human and Peoples' Rights Article 26
  • African Charter on Human and Peoples' Rights Article 55
  • African Charter on Human and Peoples' Rights Article 56
  • African Charter on Human and Peoples' Rights Article 56(1)
  • African Charter on Human and Peoples' Rights Article 56(2)
  • African Charter on Human and Peoples' Rights Article 56(3)
  • African Charter on Human and Peoples' Rights Article 56(4)
  • African Charter on Human and Peoples' Rights Article 56(5)
  • African Charter on Human and Peoples' Rights Article 56(6)
  • African Charter on Human and Peoples' Rights Article 56(7)
  • Rules of Procedure of the African Commission 2020 Rule 98
  • Rules of Procedure of the African Commission 2020 Rule 98(2)
  • Rules of Procedure of the African Commission 2020 Rule 115(5)
  • Rules of Procedure of the African Commission 2020 Rule 116(1)
  • Rules of Procedure of the African Commission 2020 Rule 116(2)
  • Rules of Procedure of the African Commission 2020 Rule 118(4)

Cases cited (9)

  • FIDH & Others v Senegal (Communication 304/2005)
  • Nixon Nyikadzino v Zimbabwe (Communication 340/07)
  • Nixon Nyikadzino v Zimbabwe (Communication 340/07)
  • Peter Joseph Chacha v Tanzania (Application 003/2012)
  • Amnesty International and Others v Sudan (Communications 48/90, 50/91, 52/91, 89/93)
  • Tsatsu Tsikata v. Ghana
  • Kenyan Section of the International Commission of Jurists, Law Society or Kenya and in Kituo Cha Sheria v. Kenya
  • Interights (on behalf of Jose Domingos Sikunda) v. Namibia
  • Promoting Justice for Women and Children (PROJUST NGO) V. DRC

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

Ambe (Represented by Shadrack Tebeile) v Republic of South Africa (Communication 758-21) [2024] ACHPR 15 (2 August 2024)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.