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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