Delta International Investments S.A v Republic of South Africa (Appeal No. 001-2012)

Observed later treatment

No later-treatment classification is recorded for this judgment.

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

Holding

The African Court on Human and Peoples' Rights held that an appeal against its earlier decision was not admissible because Article 28(2) of the Protocol provides that decisions of the Court are final and not subject to appeal. Even if the appeal were treated as an application for review under Article 28(3), no new evidence was provided to warrant review. The matter was struck out.

Outcome

Appeal dismissed and matter struck out

Facts

The Applicants had filed an application against South Africa alleging torture and violations of rights to dignity, property, information, privacy and discrimination. On 30 March 2012, the Court struck out the application, holding that it manifestly lacked jurisdiction pursuant to Articles 5(3) and 34(6) of the Protocol. On 16 August 2012, the Applicants filed an appeal asserting that the Court had jurisdiction by virtue of the South African Constitution, the UN Charter, the African Charter and the Protocol. The Applicants argued that the Charter could not be subservient to the Protocol adopted twelve years later.

Issues

1. Whether the Applicants are entitled to appeal against the Court's earlier decision striking out their application for lack of jurisdiction.
2. Whether the Court should consider the appeal as an application for review under Article 28(3) of the Protocol.

Orders

• Appeal submitted by Delta International Investments SA, Mr. AGL De Lange and Mrs. De Lange is not admissible.
• Matter struck out.

Rules and key headnotes

Legislation cited (5)

• Protocol to the African Charter on Human and Peoples' Rights on the Establishment of an African Court on Human and Peoples' Rights Article 5(3)
• Protocol to the African Charter on Human and Peoples' Rights on the Establishment of an African Court on Human and Peoples' Rights Article 28(2)
• Protocol to the African Charter on Human and Peoples' Rights on the Establishment of an African Court on Human and Peoples' Rights Article 28(3)
• Protocol to the African Charter on Human and Peoples' Rights on the Establishment of an African Court on Human and Peoples' Rights Article 34(6)
• Protocol to the African Charter on Human and Peoples' Rights on the Establishment of an African Court on Human and Peoples' Rights Article 22

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