× Article 24: (1) Every child shall have, without any discrimination as to race, colour, sex, language,
religion, national or social origin, property or birth, the right to such measures of protection as are required
by his status as a minor, on the part of his family, society and the State. (2) Every child shall be registered
immediately after birth and shall have a name. (3) Every child has the right to acquire a nationality.
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× All persons are equal before the law and are entitled without any discrimination to the equal protection of
the law. In this respect, the law shall prohibit any discrimination and guarantee to all persons equal and
effective protection against discrimination on any ground such as race, colour, sex, language, religion,
political or other opinion, national or social origin, property, birth or other status.
of the International Covenant on Civil and Political Rights .
2. ln accordance with the Protocol to the African Charter on Human and Peoples" Rights on the
establishment of an African Court on Human and Peoples' Rights (hereafter referred to as the Protocol)
and Rule 8(2) of the Rules of Court (hereafter referred to as the Rules), Judge Bernard M. Ngoepe,
member of the Court, of South Africa nationality, recused himself.
3. Pursuant to the provisions of Rule 34 (1) of the Rules of Court, the Registrar, by letter dated 28 February
2012, acknowledged receipt of the application.
4. ln the same letter, the Registrar further sought clarification from the Applicant on the status of his
communication lodged before the African Commission on Human and Peoples' Rights (the Commission),
since Rule 29 (6) of the Rules of Court provides that: For the purpose of examining an application brought
before it, relating to issues in a communication before the Commission, the Court shall ascertain that the
said communication has been formally withdrawn .
5. By letter dated 8 March, 2012, the Registrar informed the Applicant that pending clarification from him on
the status of his communication before the Commission, the Registry has proceeded to register his
application.
6. As at the time of this decision, the Applicant had not responded to the Registrar's letter of 28 February,
2012.
7. Be that as it may, the Court first observes that in terms of Article 5(3) of the Protocol, it may entitle
relevant Non-Governmental organizations (NGOs) with observer status before the Commission, and
individuals to institute cases directly before it, in accordance with article 34 (6) of this Protocol.
8. The Court further notes that Article 34(6) of the Protocol provides that At the time of the ratification of this
Protocol or any time thereafter, the State shall make a declaration accepting the competence of the Court
to receive cases under article 5 (3) of this Protocol. The Court shall not receive any petition under article 5
(3) involving a State Party which has not made such a declaration.
9. By letter dated 30 March 2012, the Registrar inquired from the Legal Counsel of the African Union
Commission if the Republic of South Africa has made the Declaration required under Article 34 (6) of the
Protocol establishing the Court.
1O. By email dated 12 April, 2012, the Legal Counsel of the African Union Commission informed the
Registrar that the Republic of South Africa has not made the declaration.
11. The Court observes that the Republic of South Africa has not made the Declaration under Article 34 (6)
of the Protocol.
12. ln view of Articles 5 (3) and 34 (6) of the Protocol, it is evident that the Court manifestly lacks jurisdiction
to receive the Application submitted by Emmanuel Joseph Uko and Others, against the Republic of South
Africa.
13. For these reasons,
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