Report of the Portfolio Committee on Justice and Constitutional

Development on the Protocol of the Court of Justice of

the African Union, dated 26 October 2004:

The Portfolio Committee on Justice and Constitutional Development,

having considered the request for approval by Parliament of the

Protocol of the Court of Justice of the African Union (the

Protocol), referred to it, and having noted that—

1. in terms of Article 19 of the Protocol, the jurisdiction of the

Court of Justice shall extend to all disputes and applications

referred to it in accordance with the Constitutive Act of the

African Union and the Protocol which relate to, amongst others,

the interpretation, application or validity of Union Treaties and

all subsidiary legal instruments adopted within the framework of

the Union, any question of international law and all acts,

decisions, regulations and directives of the organs of the Union;

2. the jurisdiction of the African Court on Human and Peoples’

Rights, when established in terms of Article 1 of the Protocol on

the Establishment of the African Court on Human and Peoples’

Rights, shall in terms of Article 3(1) of that Protocol extend to all

cases and disputes submitted to it concerning the interpretation

and application of the African Charter, that Protocol and any

other relevant human rights instrument ratified by the States

concerned;

3. in terms of Article 19 of the Protocol, the Court of Justice may

have jurisdiction over human rights matters arising from sources

referred to in that Article, and this will overlap with the

jurisdiction of the Human Rights Court and may give rise to

concurrent jurisdiction on disputes pertaining to human rights

matters, unless the Court of Justice itself excludes jurisdiction;

4. the Court of Justice may not hear appeals from the African Court

on Human and Peoples’ Rights and the African Court on Human

and Peoples’ Rights may not hear appeals from the Court of

Justice,

recommends that the House, in terms of section 231(2) of the

Constitution, approve the said Protocol.

The Committee further recommends that, should the Executive

consider permitting third parties to submit cases before the Court of

Justice in terms of Article 18(1)(d), a prior request be tabled in

Parliament for approval.

Request to be considered.