, PLEASE USE THIS DOCUMENT AS A GUIDE TO ANSWER YOUR ASSIGNMENT
LCP4807 ASSIGNMENT 2 SEMESTER 1 2026
ANSWERS
DUE DATE APRIL
ADVISORY MEMORANDUM: WHETHER THE CASE OF MR RICARDOR AND THE
COMMUNITY OF MAGADI CAN BE BROUGHT BEFORE THE AFRICAN
COMMISSION ON HUMAN AND PEOPLES’ RIGHTS
1. INTRODUCTION
This memorandum evaluates whether the Developed Afrika for All (DAA) may bring a
communication before the African Commission on Human and Peoples’ Rights (African
Commission) on behalf of Mr Martin Ricardor and the residents of Magadi in the Republic of
Sofala. The matter raises serious human rights concerns involving extreme poverty, lack of access
to basic services, and alleged state failure to progressively realise socio-economic rights.
The Republic of Sofala has ratified key international and regional human rights instruments,
including the African Charter on Human and Peoples’ Rights (African Charter), the International
Covenant on Economic, Social and Cultural Rights (ICESCR), and the Protocol on the Rights of
Women in Africa (Maputo Protocol). Despite this, the government has failed to provide basic
infrastructure and essential services to Magadi for over a decade, citing budgetary constraints, a
position upheld by the Constitutional Court of Sofala.
The central question is whether DAA can successfully bring this matter before the African
Commission, and if so, what procedural requirements, admissibility hurdles, substantive rights
violations, and remedies may arise.
2. LEGAL FRAMEWORK OF THE AFRICAN COMMISSION
The African Commission is established under Article 30 of the African Charter. It is mandated to
promote and protect human and peoples’ rights in Africa and to interpret the Charter where
necessary (Viljoen, 2012). Communications (complaints) may be submitted by individuals, NGOs,
and States under Articles 47–54 of the Charter and the Commission’s Rules of Procedure.
Importantly, NGOs with observer status before the Commission are expressly permitted to submit
communications (Rule 93 of the Commission’s Rules of Procedure, 2020). Even where NGOs are
not formally listed in the facts, DAA as a regional NGO would typically qualify to bring such a case
if it has or applies for observer status.
3. PROCEDURAL ADMISSIBILITY REQUIREMENTS
LCP4807 ASSIGNMENT 2 SEMESTER 1 2026
ANSWERS
DUE DATE APRIL
ADVISORY MEMORANDUM: WHETHER THE CASE OF MR RICARDOR AND THE
COMMUNITY OF MAGADI CAN BE BROUGHT BEFORE THE AFRICAN
COMMISSION ON HUMAN AND PEOPLES’ RIGHTS
1. INTRODUCTION
This memorandum evaluates whether the Developed Afrika for All (DAA) may bring a
communication before the African Commission on Human and Peoples’ Rights (African
Commission) on behalf of Mr Martin Ricardor and the residents of Magadi in the Republic of
Sofala. The matter raises serious human rights concerns involving extreme poverty, lack of access
to basic services, and alleged state failure to progressively realise socio-economic rights.
The Republic of Sofala has ratified key international and regional human rights instruments,
including the African Charter on Human and Peoples’ Rights (African Charter), the International
Covenant on Economic, Social and Cultural Rights (ICESCR), and the Protocol on the Rights of
Women in Africa (Maputo Protocol). Despite this, the government has failed to provide basic
infrastructure and essential services to Magadi for over a decade, citing budgetary constraints, a
position upheld by the Constitutional Court of Sofala.
The central question is whether DAA can successfully bring this matter before the African
Commission, and if so, what procedural requirements, admissibility hurdles, substantive rights
violations, and remedies may arise.
2. LEGAL FRAMEWORK OF THE AFRICAN COMMISSION
The African Commission is established under Article 30 of the African Charter. It is mandated to
promote and protect human and peoples’ rights in Africa and to interpret the Charter where
necessary (Viljoen, 2012). Communications (complaints) may be submitted by individuals, NGOs,
and States under Articles 47–54 of the Charter and the Commission’s Rules of Procedure.
Importantly, NGOs with observer status before the Commission are expressly permitted to submit
communications (Rule 93 of the Commission’s Rules of Procedure, 2020). Even where NGOs are
not formally listed in the facts, DAA as a regional NGO would typically qualify to bring such a case
if it has or applies for observer status.
3. PROCEDURAL ADMISSIBILITY REQUIREMENTS
