Communication 406/11: Law Society of Swaziland V The Kingdom of Swaziland

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Decision of the Commission on the Merits

167. In light of the foregoing, the African Commission on Human and Peoples' Rights:

1. Finds a violation of Articles 1, 3, Article 7(1)(a) and Article 26 of the African Charter with regard to Practice Directive No. 4/2011, for the period that the Practice Directive was in force;

ii. Does not find a violation of Article 2 of the African Charter;

iii. Takes note of the withdrawal of the Practice Directive on 03 July 2017, per Notice AG 1, and stresses that the provisions of Section 11 of the Constitution should not be used to preclude the rights enshrined in the Africa Charter with respect to the Office of the King.

Done in Banjul, The Gambia, during the 27th Extra-Ordinary Session, of the African Commission on Human and Peoples' Rights, from 19th Feb,uary to 04th March 2020.