35
96.
The Respondent also points out that the 2nd Applicant has formed
his own political party and, effectively, has not been prevented from
participating in politics.
97.
In considering this alleged violation of Article 13 (1) of the Charter
by the Respondent, it is necessary for the Court to consider critically the
Article relied on.
Article 13 (1) of the Charter, which is the main provision on political
participation, states that:
“1. Every citizen shall have the right to participate freely in the
government of his country, either directly or through freely chosen
representatives in accordance with the provisions of the law.”
98.
It is imperative to state here that the rights guaranteed under the
Charter as stated in Article 13 (1) are individual rights. They are not
meant to be enjoyed only in association with some other individuals or
group of individuals such as political parties. Therefore, in an application
such as the instant one, what is of paramount significance is whether or
not an individual right has been placed into jeopardy, or otherwise
violated, not whether or not groups may enjoy the particular right.
99.
In view of the patently clear terms of Article 13(1) of the Charter,
which gives to the citizen the option of participating in the governance of
her country directly or through representatives, a requirement that a
candidate must belong to a
political party before she is enabled to