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Delta International Investments SA and Others v Republic of South Africa (Application No. 002-2012)

African Court on Human and Peoples' Rights · [2012] AfCHPR 121 · 2012 Application Struck Out AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application to the African Court on Human and Peoples' Rights alleging violations of constitutional and Charter rights
Decision
Application struck out for manifest lack of jurisdiction ratione personae

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The African Court on Human and Peoples' Rights unanimously held that it manifestly lacks jurisdiction to receive applications from individuals or NGOs against a State Party that has not made the declaration under Article 34(6) of the Protocol accepting the Court's competence to receive such cases. The Republic of South Africa had not made the required declaration. The application was struck out from the Court's general list.

Outcome

Application struck out for manifest lack of jurisdiction ratione personae

Facts

On 4 February 2012, Delta International Investments SA and Mr. and Mrs. AGL De Lange filed an application with the African Court on Human and Peoples' Rights against the Republic of South Africa, alleging torture and violations of their rights to dignity, property, information, privacy, and freedom from discrimination under the South African Constitution and the African Charter on Human and Peoples' Rights. The application was received at the Registry on 8 February 2012. The Registrar acknowledged receipt on 14 February 2012. On 30 March 2012, the Registrar inquired whether South Africa had made the declaration required under Article 34(6) of the Protocol. On 12 April 2012, the Legal Counsel of the African Union Commission confirmed that South Africa had not made such a declaration.

Issues

  1. Whether the African Court on Human and Peoples' Rights has jurisdiction to receive an application from individuals against a State Party that has not made the declaration under Article 34(6) of the Protocol accepting the Court's competence to receive cases from individuals and NGOs.

Orders

  • Application struck out from the general list of the Court.

Rules and key headnotes

Human Rights — African Court on Human and Peoples' Rights — Jurisdiction — Individual Access — Article 34(6) Declaration Requirement
The African Court on Human and Peoples' Rights lacks jurisdiction to receive applications from individuals or non-governmental organisations against a State Party that has not made the declaration under Article 34(6) of the Protocol accepting the Court's competence to receive cases under Article 5(3).
Administrative Law — Judicial Review — Jurisdiction — Manifest Lack of Jurisdiction
Where a court manifestly lacks jurisdiction ratione personae, the proper course is to strike out the application from the court's general list.

Legislation cited (6)

  • 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 34(6)
  • Rules of Court Rule 8(2)
  • Rules of Court Rule 34(1)
  • Rules of Court Rule 60(5)
  • Protocol to the African Charter on Human and Peoples' Rights on the establishment of an African Court on Human and Peoples' Rights Article 28(7)

Cases cited (4)

  • Michelot Yogogombaye v Republic of Senegal
  • Effoua Mbozo Samuel v Pan African Parliament
  • National Convention of Teachers' Trade Union (CONASYSED) v Republic of Gabon
  • Ekollo Moundi Alexandre v Republic of Cameroon and Federal Republic of Nigeria

Full judgment

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

Delta International Investments SA and Others v Republic of South Africa (Application No. 002-2012) [2012] AfCHPR 121 (30 March 2012)
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.