LCP4807
Assignment 2
Semester 2 2025
Due 18 September 2025
,LCP4807
Assignment 2
Semester 2 2025
DUE 18 September 2025
Legal Opinion: Advising the Movement Against Death Penalty (MADP) on Proceedings
Against the Republic of Kamarara Before the United Nations Human Rights Committee
I. Introduction
This opinion assesses the procedural and strategic viability of MADP, an international
non-governmental organization, initiating proceedings before the United Nations Human
Rights Committee (HRC) on behalf of Mr. Mbhekwe, a Kamararan national sentenced to
death under a mandatory capital punishment regime.
The Republic of Kamarara is a State Party to:
• The International Covenant on Civil and Political Rights (ICCPR);
• The First Optional Protocol to the ICCPR (individual complaints mechanism); and
• The Second Optional Protocol (aimed at abolition of the death penalty).
Mr. Mbhekwe contends that the imposition of a mandatory death sentence for murder
violates both:
1. Domestic constitutional rights – including the right to life, human dignity, and
protection against inhuman punishment;
2. International obligations – particularly under Articles 6, 7, and 14 ICCPR, as
interpreted by the HRC and international human rights jurisprudence.
, This opinion addresses:
1. Procedural admissibility of the communication;
2. Substantive human rights violations implicated;
3. Potential remedial measures available through the HRC process.
II. Procedural Admissibility Under the First Optional Protocol
Under the First Optional Protocol, a communication must satisfy specific admissibility
requirements. These serve not only as jurisdictional thresholds but also as
safeguards for state sovereignty and procedural integrity in international
adjudication.
A. Exhaustion of Domestic Remedies
Legal Standard
Article 2 of the First Optional Protocol obliges complainants to exhaust “all available
domestic remedies” before approaching the HRC. This reflects the principle of
subsidiarity (HRC, General Comment No. 33, para. 5), ensuring that national courts
are given the first opportunity to correct rights violations.
Application to Mr. Mbhekwe
• High Court (15 June 2017) – Convicted of murder and sentenced to death
under Section 14, Criminal and Other Offences Act 15 of 1939.
• Supreme Court of Appeal (15 May 2018) – Appeal dismissed in full.
• Constitutional Court (19 June 2019) – Rejected constitutional challenge;
upheld both conviction and sentence.
Assignment 2
Semester 2 2025
Due 18 September 2025
,LCP4807
Assignment 2
Semester 2 2025
DUE 18 September 2025
Legal Opinion: Advising the Movement Against Death Penalty (MADP) on Proceedings
Against the Republic of Kamarara Before the United Nations Human Rights Committee
I. Introduction
This opinion assesses the procedural and strategic viability of MADP, an international
non-governmental organization, initiating proceedings before the United Nations Human
Rights Committee (HRC) on behalf of Mr. Mbhekwe, a Kamararan national sentenced to
death under a mandatory capital punishment regime.
The Republic of Kamarara is a State Party to:
• The International Covenant on Civil and Political Rights (ICCPR);
• The First Optional Protocol to the ICCPR (individual complaints mechanism); and
• The Second Optional Protocol (aimed at abolition of the death penalty).
Mr. Mbhekwe contends that the imposition of a mandatory death sentence for murder
violates both:
1. Domestic constitutional rights – including the right to life, human dignity, and
protection against inhuman punishment;
2. International obligations – particularly under Articles 6, 7, and 14 ICCPR, as
interpreted by the HRC and international human rights jurisprudence.
, This opinion addresses:
1. Procedural admissibility of the communication;
2. Substantive human rights violations implicated;
3. Potential remedial measures available through the HRC process.
II. Procedural Admissibility Under the First Optional Protocol
Under the First Optional Protocol, a communication must satisfy specific admissibility
requirements. These serve not only as jurisdictional thresholds but also as
safeguards for state sovereignty and procedural integrity in international
adjudication.
A. Exhaustion of Domestic Remedies
Legal Standard
Article 2 of the First Optional Protocol obliges complainants to exhaust “all available
domestic remedies” before approaching the HRC. This reflects the principle of
subsidiarity (HRC, General Comment No. 33, para. 5), ensuring that national courts
are given the first opportunity to correct rights violations.
Application to Mr. Mbhekwe
• High Court (15 June 2017) – Convicted of murder and sentenced to death
under Section 14, Criminal and Other Offences Act 15 of 1939.
• Supreme Court of Appeal (15 May 2018) – Appeal dismissed in full.
• Constitutional Court (19 June 2019) – Rejected constitutional challenge;
upheld both conviction and sentence.
