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LCP4807 Assignment 2 Semester 1 2026 (Answer Guide) - DUE 21
April 2026
VERIFIED AND CERTIFIED ANSWERS. WRITTEN IN REQUIRED FORMAT AND WITHIN
GIVEN GUIDELINES. IT IS GOOD TO USE AS A GUIDE AND FOR REFERENCE, NEVER
PLAGARIZE. Thank you and success in your academics.
UNISA, 2026
ADVISORY OPINION ON THE POSSIBILITY OF TAKING THE CASE OF MR
RICARDOR TO THE AFRICAN COMMISSION ON HUMAN AND PEOPLES’ RIGHTS
1. Introduction
The Republic of Sofala is a State Party to the African human rights system, having
ratified the African Charter on Human and Peoples’ Rights (African Charter), the
Protocol to the African Charter on the Rights of Women in Africa (Maputo
Protocol), and the Protocol establishing the African Court on Human and Peoples’
Rights, though it has not made the special declaration under article 34(6) allowing
individuals direct access to the Court.¹
The facts reveal severe socio-economic deprivation in Magadi village and the apparent
failure of domestic remedies after ten years of litigation culminating in dismissal by the
Constitutional Court on grounds of budgetary constraints.
This opinion critically examines:
Whether DAA can approach the African Commission on Human and Peoples’
Rights (African Commission);
The procedural admissibility requirements;
Substantive violations under the African Charter;
Gender-specific violations under the Maputo Protocol;
The merits of the case; and
Possible remedies available under the African human rights system.
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2. Can DAA Take the Case to the African Commission?
2.1 Legal Basis for Access to the African Commission
Under Article 55 of the African Charter, the African Commission may receive
communications other than those submitted by States.² These are commonly referred to
as “individual communications.”
Importantly, the Charter does not require the victim to personally submit the complaint.
Non-governmental organisations (NGOs) may submit communications on behalf of
victims.³
Therefore, Developed Afrika for All (DAA), as a regional NGO, may submit a
communication on behalf of Mr Ricardor and the residents of Magadi.
2.2 Jurisdictional Requirements
The African Commission has:
Ratione personae jurisdiction: Sofala is a State Party to the African Charter.
Ratione materiae jurisdiction: The alleged violations concern rights protected
under the Charter.
Ratione temporis jurisdiction: Violations are ongoing.
Ratione loci jurisdiction: Violations occur within Sofala’s territory.
Thus, prima facie, the Commission has jurisdiction.
3. Procedural Issues: Admissibility Under Article 56 of the African Charter
For a communication to be admissible, it must satisfy Article 56 of the Charter.⁴
3.1 Exhaustion of Local Remedies (Article 56(5))
The applicant must exhaust available, effective and sufficient domestic remedies.⁵
LCP4807 Assignment 2 Semester 1 2026 (Answer Guide) - DUE 21
April 2026
VERIFIED AND CERTIFIED ANSWERS. WRITTEN IN REQUIRED FORMAT AND WITHIN
GIVEN GUIDELINES. IT IS GOOD TO USE AS A GUIDE AND FOR REFERENCE, NEVER
PLAGARIZE. Thank you and success in your academics.
UNISA, 2026
ADVISORY OPINION ON THE POSSIBILITY OF TAKING THE CASE OF MR
RICARDOR TO THE AFRICAN COMMISSION ON HUMAN AND PEOPLES’ RIGHTS
1. Introduction
The Republic of Sofala is a State Party to the African human rights system, having
ratified the African Charter on Human and Peoples’ Rights (African Charter), the
Protocol to the African Charter on the Rights of Women in Africa (Maputo
Protocol), and the Protocol establishing the African Court on Human and Peoples’
Rights, though it has not made the special declaration under article 34(6) allowing
individuals direct access to the Court.¹
The facts reveal severe socio-economic deprivation in Magadi village and the apparent
failure of domestic remedies after ten years of litigation culminating in dismissal by the
Constitutional Court on grounds of budgetary constraints.
This opinion critically examines:
Whether DAA can approach the African Commission on Human and Peoples’
Rights (African Commission);
The procedural admissibility requirements;
Substantive violations under the African Charter;
Gender-specific violations under the Maputo Protocol;
The merits of the case; and
Possible remedies available under the African human rights system.
, 2|Page
2. Can DAA Take the Case to the African Commission?
2.1 Legal Basis for Access to the African Commission
Under Article 55 of the African Charter, the African Commission may receive
communications other than those submitted by States.² These are commonly referred to
as “individual communications.”
Importantly, the Charter does not require the victim to personally submit the complaint.
Non-governmental organisations (NGOs) may submit communications on behalf of
victims.³
Therefore, Developed Afrika for All (DAA), as a regional NGO, may submit a
communication on behalf of Mr Ricardor and the residents of Magadi.
2.2 Jurisdictional Requirements
The African Commission has:
Ratione personae jurisdiction: Sofala is a State Party to the African Charter.
Ratione materiae jurisdiction: The alleged violations concern rights protected
under the Charter.
Ratione temporis jurisdiction: Violations are ongoing.
Ratione loci jurisdiction: Violations occur within Sofala’s territory.
Thus, prima facie, the Commission has jurisdiction.
3. Procedural Issues: Admissibility Under Article 56 of the African Charter
For a communication to be admissible, it must satisfy Article 56 of the Charter.⁴
3.1 Exhaustion of Local Remedies (Article 56(5))
The applicant must exhaust available, effective and sufficient domestic remedies.⁵
