Ntaka v Lesotho (Communication 33 of 1989)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The African Commission declared the communication inadmissible on the ground that it was directed against Lesotho, a State which was not a party to the African Charter on Human and Peoples' Rights at the time. The Commission has no jurisdiction over non-State parties to the Charter.
Outcome
Communication inadmissible for lack of jurisdiction
Facts
Simon B. Ntaka filed a communication dated 14 January 1974 alleging infringement of his right to free movement. The communication was directed against Lesotho. At the time the Commission considered the matter during its fourth ordinary session in October 1988, Lesotho was not a party to the African Charter on Human and Peoples' Rights.
Issues
- Whether the African Commission has jurisdiction to consider a communication directed against a State which is not a party to the African Charter on Human and Peoples' Rights.
Orders
- Communication declared inadmissible.
Rules and key headnotes
Legislation cited (2)
- African Charter on Human and Peoples' Rights art.30
- Rules of Procedure of the African Commission on Human and Peoples' Rights art.101
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.