All courts - 2010

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6 judgments

Citation	Judgment date
November 2010
Article 19 and Others v Republic of Zimbabwe (Communication 305 of 2005) [2010] ACHPR 108 (24 November 2010) A complaint challenging Zimbabwe's broadcasting monopoly was dismissed as inadmissible due to unreasonable delay after exhausting local remedies. African Charter on Human and Peoples' Rights – Admissibility of communications – Article 56 requirements – Reasonable time – Exhaustion of local remedies – Zimbabwe – broadcasting monopoly – freedom of expression.	24 November 2010
Socio-Economic Rights and Accountability Project (SERAP) v Nigeria (Communication 338 of 2007) [2010] ACHPR 109 (24 November 2010) A communication alleging rights violations was declared inadmissible for failure to exhaust or attempt available local remedies in Nigeria. Human rights – Admissibility of communications – Exhaustion of local remedies – Article 56(5) African Charter – Waiver of exhaustion requirement – Requirement to demonstrate unavailability, ineffectiveness, or insufficiency of domestic remedies – Burden of proof on complainant.	24 November 2010
May 2010
Good v Republic of Botswana (Communication 313 of 2005) [2010] ACHPR 106 (26 May 2010) Expulsion of a non-national without due process, for political expression, violated fair trial, family, and discrimination rights under the African Charter. Human rights – expulsion of a non-national – due process – freedom of expression – discrimination based on political opinion – right to family life – implementation of international treaty obligations – judicial review of executive action – Botswana Immigration Act – compatibility with African Charter.	26 May 2010
Southern Africa Human Rights NGO Network and Others v Tanzania (Communication 333 of 2006) [2010] ACHPR 107 (26 May 2010) A communication challenging Tanzania's death penalty laws was dismissed for unreasonable delay in approaching the African Commission. African Charter on Human and Peoples' Rights – admissibility of communications – exhaustion of local remedies – requirement of submission within a reasonable period – unreasonable delay – complaint on death penalty dismissed as inadmissible.	26 May 2010
March 2010
Tema Oil Refinery Vrs African Automobile Ltd [2010] GHACA 1 (11 March 2010) EL\|Minerals\|oil and gas\|Transnational and international dispute resolution\|Public interest in environment\|Attribution of Costs\|Government Contracting	11 March 2010
Interights and Others v Islamic Republic of Mauritania (Communication 242 of 2001; Communication 373 of 2009) [2010] ACHPR 105 (3 March 2010) A merits decision was reviewed and supplemented after the Commission failed to address all violation allegations and remedies sought. African Charter – review of merits decision – infra petita – failure to address all allegations and remedies – right to property – state obligations – presumption of impartiality – remedy for Charter violations	3 March 2010