Question
Mr Nenjelele is a 52-year-old former primary principal male who is residing in Venda, located in the Limpopo Province in South Africa. Five years ago,
Mr Nenjelele is a 52-year-old former primary principal male who is residing in Venda, located in the Limpopo Province in South Africa. Five years ago, he resigned as a school principal and enrolled for a degree of Bachelor of Laws (LLB) at the University of North Limpopo. He completed his LLB degree in 2021. His dream has always been to practice as an Attorney of the High Court of South Africa. To qualify as an attorney, one is required to perform community service in terms of the Attorneys Act. In an application to register his contract of community service with the Law Society of the Northern Provinces (Law Society), Mr Nenjelele disclosed that he had two previous convictions for possession of cannabis and also expressed his intention to continue using cannabis. He stated that the use of cannabis was inspired by his Rastafari religion and among other things it assists in establishing the eternal relationship with the Creator. The Law Society declined to register his contract of community service and argued that he is not fit and proper to be admitted as an attorney. Mr Nenjelele argues that because of his religious beliefs, the Law Society refused to register his contract of community service, thereby violating his right to an occupation or profession of his choice. Mr Nenjelele unsuccessfully challenged the constitutionality of the Law Society's decision in the High Court, Supreme Court of Appeal and the Constitutional Court in South Africa.
Mr Nenjelele seeks advise of International Human Rights Law expert. He wants to know if he can take his case to the African Court on Human and Peoples' Rights. South Africa has ratified both the African Charter on Human and Peoples' Rights and the Protocol Establishing the African Court. As a renowned International Human Rights Law expert from the prestigious University of South Africa advise Mr Nenjelele among other things on the following issues: The specific rights which have allegedly been infringed in terms of the African Charter on Human and Peoples' Rights. Jurisdiction and the admissibility requirement of cases before the African Court on Human and Peoples' Rights. Locus standi before the African Court. An individual's right to approach the African Court. Specific remedies under the African Court. (30)
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