(2018) 2 African Human Rights Yearbook 105 On a related note, it is of some significance that we were unable to find any domestic decisions referring to decisions rendered by the African Court or the African Committee of Experts on the Rights of the Child (African Children’s Rights Committee). This may be, in part, due to the relatively more recent establishment of the African Court93 and African Children’s Rights Committee,94 as compared to the African Commission.95 3.7 Other soft law instruments in the AU system Aside from the African Charter, related treaties and the Commission’s jurisprudence, we identified two cases in which courts had referred to AU soft law instruments – in both cases generated by the African Commission.96 In the first place, in Onyango Obbo,97 Justice Mulenga, who wrote the lead judgment, noted that while article 9 of the African Charter simply provided for the right to receive information and disseminate opinions, the African Commission had, in October 2002, adopted a Declaration on Principles on Freedom of Expression in Africa (FoE Declaration) in order ‘to elaborate and expound on the nature, content and extent of the right provided for under article 9’.98 He then cited and relied upon Principles 1 and 2 of the Declaration which, according to him, had provided greater clarity regarding the scope of the right under article 9 of the African Charter.99 In the end, the Supreme Court made far reaching pronouncements on the nature and scope of the right to freedom of expression in Uganda (article 29 of the Constitution), in a decision which continues to be the classic case on this point in Uganda’s constitutional jurisprudence. Similarly, in Mulago,100 Judge Mugambe referred to the African Commission’s Principles and Guidelines on the Implementation of 93 94 95 96 97 98 99 100 The African Court was instituted by the Protocol to the African Charter on the Establishment of an African Court on Human and Peoples’ Rights (the Court Protocol), which was adopted by the Assembly of the OAU on 9 June 1998. The Protocol entered into force on 25 January 2004, and the first 11 judges of the Court were inaugurated on 2 July 2006 – Viljoen (n 3) 412-413. The African Children’s Charter was adopted on 11 July 1990, but only came into force on 29 November 1999. The first 11 members of the African Children’s Rights Committee were elected by the OAU Assembly in July 2001 - Viljoen (n 3) 391397. The African Commission was established under the African Charter, which was adopted in 1981, and which entered into force on 21 October 1986. The initial 11 Commissioners held their first session on 2 November 1987 - Viljoen (n 3) 289290. The Commission’s jurisprudence may also be considered to be AU soft law. For an extended consideration of the nature and scope of soft law, see B Kabumba (2018) Soft law and legitimacy in international law. n 18. At 8, citing the African Commission Declaration. At 8. n 50.