171. The African Commission will at this point explain the principle of equality that underpin equality before the law and equal protection of the law according to its jurisprudence. 172. The African Commission has affirmed the principle of equality before the law and equal protection of the law by explaining the scope of these rights in Zimbabwe Lawyers for Human Rights and the Institute for Human AC HP R Rights and Development (on behalf of Andrew Barclay Meldrum) v Republic of Zimbabwe.53 173. With respect to „equality before the law‟ under Article 3(1) of the African Charter, the African Commission stated in the aforesaid Communication that: The most fundamental meaning of equality before the law under Article 3(1) of the Charter is the right by all to equal treatment under similar conditions. The right to equality before the law means that individuals legally within the jurisdiction of a State should expect to be treated fairly and justly within the legal system and be assured of equal treatment before the law and equal enjoyment of the rights available to all other citizens... The principle that all persons are equal before the law means that existing laws must be applied in the same manner to those subject to them.54 174. With regard to „equal protection of the law‟ under Article 3(2) of the African Charter, the African Commission also held in the same Communication above that “Equal protection of the law means that no 53 54 Communication 294/2004- Zimbabwe Lawyers for human Rights and the Institute for Human Rights and Development (on behalf of Andrew Barclay Meldrum) v Republic of Zimbabwe(ACHPR) Ibid, para 96. 49

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