Description
LCP4807 ASSIGNMENT 2 2026
DUE 7 SEPTEMBER 2026
The Republic of Masaala is a small country in Southeastern Africa, with a population of
just over 3 million. …
Write a legal opinion for PAHRO, providing a critical analysis that takes into
account the procedural issues, possible rights violations under the Charter,
substantive issues, and the possible remedies before the African Commission on
Human and Peoples’ Rights.
PAHRO has requested a legal opinion on the procedural and substantive aspects of a
potential case before the African Commission on Human and Peoples’ Rights
concerning the Republic of Masaala’s alleged violations of the rights of Mr Nhamo, his
family, and the community of Eshlahleni. This opinion addresses admissibility
requirements, possible rights violations under the African Charter on Human and
Peoples’ Rights, substantive legal issues, and potential remedies before the
Commission.¹
2. PROCEDURAL ISSUES AND ADMISSIBILITY
2.1 Overview of Communications Procedure
Communications to the African Commission are governed by Articles 55 and 56 of the
African Charter, which establish seven cumulative conditions that must all be satisfied
for a communication to be admissible.² Failure to satisfy any one condition renders the
communication inadmissible. Article 55 allows communications from “other than States
Parties,” meaning NGOs and individuals may submit communications on behalf of
victims, provided all Article 56 conditions are met.³
¹ Viljoen F, International Human Rights Law in Africa (2nd edn, Oxford University Press 2012) 331-333.
² African Charter on Human and Peoples’ Rights (adopted 27 June 1981, entered into force 21 October
1986), arts 55-56.
³ Mooki M and Makama P, International Human Rights Law: Only Study Guide for LCP4807 (Department
of Public, Constitutional and International Law, University of South Africa 2019) 70.
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