002/12 Delta International Investments SA, Mr. AGL De
Lange and Mrs. M. De Lange v. The Republic of South
Africa
IN THE MATTER OF:

DELTA INTERNATIONAL INVESTMENTS SA, MR. AGL DE LANGE AND MRS. M. DE LANGE
v.
THE REPUBLIC OF SOUTH AFRICA.
APPLICATION 002/2012
DECISION

The Court composed of: Gerard NIYUNGEKO, President; Sophia A.B. AKUFFO, Vice-President; Modibo
T. GUINDO, Fatsah OUGUERGOUZ, Augustine S.L. RAMADHANI, Duncan TAMBALA, Elsie N.
THOMPSON and Sylvain ORE- Judges; and Robert ENO - Registrar,

In the matter of:

DELTA INTERNATIONAL INVESTMENTS SA, MR. AGL DE LANGE AND MRS. M. DE LANGE
v.
THE REPUBLIC OF SOUTH AFRICA.

After deliberations,
makes the following decision ;
1. By an application dated 4 February 2012, received at the Registry on 8 February 2012, the Applicants,
Delta International Investments SA, Mr. AGL De Lange and Mrs. M. De Lange, seized the Court with a
petition against the Republic of South Africa, for alleged torture and violation of their rights to dignity,
property, information, privacy and discrimination, contrary to the South African Constitution and the African
Charter on Human and Peoples' Rights.
2. In 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 African nationality, recused himself.
3. Pursuant to the provisions of Rule 34 (1) of the Rules of Court, the Registrar, by letter dated 14 February
2012, acknowledged receipt of the application.
4. 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.
5. 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
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