LCP4807 Assignment 1 (DETAILED ANSWERS Semester 1 2026 - DISTINCTION GUARANTEED

LCP4807 Assignment 1 (DETAILED ANSWERS Semester 1 2026 - DISTINCTION GUARANTEED - DISTINCTION GUARANTEED - DISTINCTION GUARANTEED Answers, guidelines, workings and references.. LCP4807 SEMESTER I 2026 ASSIGNMENT 01 ASSIGNMENT 01 Submission Due Date: Tuesday, 07 April 2026 (Cut-off Time: 19H00) “Whatever the jurisprudential basis for the application of international law in municipal law may be, the undeniable fact is that international law is today applied in municipal courts with more frequency than in the past. In so doing courts seldom question the theoretical explanation for their recourse to international law.” 1.1. With the above background, critically discuss the two approaches and the application of international law in South Africa. (25) 1.2. Critically discuss the enforcement mechanisms under the American Convention on Human Rights with a specific focus on the Inter-American Commission on Human Rights. (25) QUESTION 2 The Republic of Osaka is a small country located in Southeastern Africa, with a population of just over 4 million people. It is one of the poorest countries in the world, with 80% of the residents living on less than $1.20 per day. Critically discuss the potential for, and limitations of individuals and Non-Governmental Organizations to gain direct access to the African Court on Human and Peoples’ Rights.Osaka is a culturally rich country with a patriarchal society where gender norms are set with an understanding of the sociocultural expectations of both women and men. Osaka has a constitution that includes a Bill of Rights, which is the supreme law of the country. It has ratified the following major United Nations (UN) human rights instruments: Critically discuss the potential for, and limitations of individuals and Non-Governmental Organizations to gain direct access to the African Court on Human and Peoples’ Rights. the Universal Declaration of Human Rights (UDHR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR) (and its Protocol). Osaka has also ratified the African Charter on Human and Peoples’ Rights; Critically discuss the potential for, and limitations of individuals and Non-Governmental Organizations to gain direct access to the African Court on Human and Peoples’ Rights. the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa, and the Protocol to the African Charter on the Establishment of an African Court on Human and Peoples’ Rights, but has not made a special declaration in terms of Article 34(6). CONFIDENTIAL Page 7 of 8Critically discuss the potential for, and limitations of individuals and Non-Governmental Organizations to gain direct access to the African Court on Human and Peoples’ Rights. 7 Mr Fernando Salazaar, his wife Vanessia, and their four daughters, aged between three and sixteen, are citizens of Osaka. They reside in a remote village called Magudu in the province of Nampula. In Magudu, there is no access to clean water, there are no schools, no roads, and no health facilities,. All the village houses are built of mud and thatch. The nearest town is about 50 kilometres away. For the past ten years, Mr Salazaar had approached the local municipality, the Public Protector, and the Human Rights Commission, advocating for the rights and the development and improvement of the lives of the people of Osaka, but nothing was done. He also litigated up to the Constitutional Court of Osaka, which is the highest court on constitutional matters. The court dismissed his case, indicating that the government had duly proved that there were budgetary constraints. In March 2025, Mr Salazaar attended a human rights awareness workshop in Manica, the capital of Osaka, hosted by a regional non-governmental organisation called Better Afrika for All (BAA). BAA wants to assist Mr Salazaar to have his case heard at either the regional or international level, using both the international and regional human rights systems specifically ratified by Osaka. BAA approaches you, as an expert in international human rights law, to advise them on both the procedural aspects and the merits of the case. 2.1.Critically discuss the potential for, and limitations of individuals and Non-Governmental Organizations to gain direct access to the African Court on Human and Peoples’ Rights.Can BAA take this case to the Committee on Economic, Social, and Cultural Rights (CESCR)? Regardless of whether your answer is yes or no, provide a critical analysis taking into consideration the procedural issues, the possible rights that are violated in terms of the Convention (ICESCR), the substantive issues, and the possible remedies. (25) CONFIDENTIAL Page 8 of 8 LCP4807 October/November 2025 8 2.2. Critically discuss the potential for, and limitations of individuals and Non-Governmental Organizations to gain direct access to the African Court on Human and Peoples’ Rights.Can BAA take this case to the African Commission on Human and Peoples’ Rights? Critically discuss the potential for, and limitations of individuals and Non-Governmental Organizations to gain direct access to the African Court on Human and Peoples’ Rights. Regardless of whether your answer is yes or no, provide a critical analysis taking into consideration the procedural issues, the possible rights that are violated in terms of the Charter, the substantive issues, and the possible remedies.