UNIVERSITY OF SOUTH AFRICA (UNISA)
College of Law
⋄
Legal Opinion for the Pan-Afrikan
Human Rights Organisation (PAHRO)
The Republic of Masaala and
the Community of Eshlahleni
Assignment 02 — Semester 2, 2026
⋄
Module Code: LCP4807
Module Name: Litigating under the African Charter on Hu-
man and Peoples’ Rights
Assignment No.: Assignment 02
Due Date: 8 September 2026
Semester: Semester 2, 2026
,UNISA | LCP4807 Masaala Communication: African Commission
1 Introduction
This opinion considers whether the Republic of Masaala has breached its obligations un-
der regional and international human rights law in relation to Mr Nhamo, his family, and the
wider community of Eshlahleni.1 The central question is whether the persistent failure of
the Masaala government to provide basic socio-economic services, including clean drinking
water, healthcare, education, roads and adequate housing, amounts to a violation of rights
protected under the African Charter and other instruments Masaala has ratified.
A second question is procedural: whether the Pan-Afrikan Human Rights Organisation (PAHRO)
can bring an admissible communication before the African Commission on Human and Peo-
ples’ Rights (African Commission), having regard to Articles 55 and 56 of the African Charter,
the exhaustion of domestic remedies by the affected community, and the legal weight of the
Constitutional Court’s finding that budgetary constraints justified the State’s failure to provide
services.
The community pursued domestic remedies for more than ten years before the Constitutional
Court upheld the government’s reliance on budgetary constraints. This is significant because
Article 56(5) requires exhaustion of available domestic remedies, not remedies that are in-
effective or unduly prolonged.2 Masaala’s ratification of the African Charter, the Protocol to
the African Charter on the Rights of Women in Africa (Maputo Protocol),3 the Protocol estab-
lishing the African Court on Human and Peoples’ Rights,4 and the International Covenant on
Economic, Social and Cultural Rights5 creates a substantial body of obligations against which
the State’s conduct can be measured.
The conclusion reached is that PAHRO has a credible basis for submitting a communication.
The strongest argument on the merits is that extreme and prolonged deprivation of essential
services cannot automatically be justified by a general assertion of budgetary constraints.
Resource limitations bear on the pace of implementation of economic and social rights, but
they do not extinguish the State’s obligations of non-discrimination, minimum protection, pro-
gressive realisation, reasonable allocation of available resources, and protection of vulnerable
1
African Charter on Human and Peoples’ Rights (adopted 27 June 1981, entered into force 21 October 1986)
1520 UNTS 217 (African Charter).
2
African Charter (n 1) art 56(5).
3
Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (adopted 11
July 2003, entered into force 25 November 2005) (Maputo Protocol).
4
Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on
Human and Peoples’ Rights (adopted 9 June 1998, entered into force 25 January 2004).
5
International Covenant on Economic, Social and Cultural Rights (adopted 16 December 1966, entered into
force 3 January 1976) 993 UNTS 3 (ICESCR).
Page 2 of 20
, UNISA | LCP4807 Masaala Communication: African Commission
persons.
Page 3 of 20
College of Law
⋄
Legal Opinion for the Pan-Afrikan
Human Rights Organisation (PAHRO)
The Republic of Masaala and
the Community of Eshlahleni
Assignment 02 — Semester 2, 2026
⋄
Module Code: LCP4807
Module Name: Litigating under the African Charter on Hu-
man and Peoples’ Rights
Assignment No.: Assignment 02
Due Date: 8 September 2026
Semester: Semester 2, 2026
,UNISA | LCP4807 Masaala Communication: African Commission
1 Introduction
This opinion considers whether the Republic of Masaala has breached its obligations un-
der regional and international human rights law in relation to Mr Nhamo, his family, and the
wider community of Eshlahleni.1 The central question is whether the persistent failure of
the Masaala government to provide basic socio-economic services, including clean drinking
water, healthcare, education, roads and adequate housing, amounts to a violation of rights
protected under the African Charter and other instruments Masaala has ratified.
A second question is procedural: whether the Pan-Afrikan Human Rights Organisation (PAHRO)
can bring an admissible communication before the African Commission on Human and Peo-
ples’ Rights (African Commission), having regard to Articles 55 and 56 of the African Charter,
the exhaustion of domestic remedies by the affected community, and the legal weight of the
Constitutional Court’s finding that budgetary constraints justified the State’s failure to provide
services.
The community pursued domestic remedies for more than ten years before the Constitutional
Court upheld the government’s reliance on budgetary constraints. This is significant because
Article 56(5) requires exhaustion of available domestic remedies, not remedies that are in-
effective or unduly prolonged.2 Masaala’s ratification of the African Charter, the Protocol to
the African Charter on the Rights of Women in Africa (Maputo Protocol),3 the Protocol estab-
lishing the African Court on Human and Peoples’ Rights,4 and the International Covenant on
Economic, Social and Cultural Rights5 creates a substantial body of obligations against which
the State’s conduct can be measured.
The conclusion reached is that PAHRO has a credible basis for submitting a communication.
The strongest argument on the merits is that extreme and prolonged deprivation of essential
services cannot automatically be justified by a general assertion of budgetary constraints.
Resource limitations bear on the pace of implementation of economic and social rights, but
they do not extinguish the State’s obligations of non-discrimination, minimum protection, pro-
gressive realisation, reasonable allocation of available resources, and protection of vulnerable
1
African Charter on Human and Peoples’ Rights (adopted 27 June 1981, entered into force 21 October 1986)
1520 UNTS 217 (African Charter).
2
African Charter (n 1) art 56(5).
3
Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (adopted 11
July 2003, entered into force 25 November 2005) (Maputo Protocol).
4
Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on
Human and Peoples’ Rights (adopted 9 June 1998, entered into force 25 January 2004).
5
International Covenant on Economic, Social and Cultural Rights (adopted 16 December 1966, entered into
force 3 January 1976) 993 UNTS 3 (ICESCR).
Page 2 of 20
, UNISA | LCP4807 Masaala Communication: African Commission
persons.
Page 3 of 20
