( ~mr
1
6~,!:tEB
Human Rights our
Human and Peoples Rights
Collect1ve Responsibility
Africa 's legal framework and therefore disparaging in terms of Article 56(3) of
the African Charter. 37
48. Upon reviewing the Communication, the Commission does not find that it
contains any language that qualifies as insulting or disparaging. The
Commission finds that the requirement under Article 56(3) has been satisfied .
Article 56(4): Based on Evidence and Not Solely on Media Reports
49.Article 56(4) provides that communication should not be based exclusively on
news disseminated by the media. In Sir Dawda K. Jawara v. The Gambia,38 the
Commission clarified this provision, stating that the key issue is whether
information is verified and credible.
50. In this regard , the Complainant submitted that its allegations are based on
official decisions from South African courts and administrative bodies rather
than media reports. 39 The Respondent State countered that the Complainant
relies on media narratives rather than substantive evidence.40
51 . The Commission reviewed the submitted documents, including judicial
decisions and administrative records, and found that legal documents rather
than journalistic reports primarily support the allegations presented. It, in
particular, refers to the decision in Sir Dawda K. Jawara v. The Gambia,41 that
communication must be supported by official documentation and not rely solely
on media sources.
52. That the Complainant has provided court rulings and official correspondence
from authorities, in support of the communication filled with the Commission,
which the Respondent State never contested; therefore, the Commission finds
that the Communication satisfies Article 56(4).
Article 56(5): Exhaustion of Local Remedies
53. Article 56(5) requires that communications be considered only after exhausting
local remedies unless such remedies are unduly prolonged .
54. Interrogating the parties' submissions, the Complainant contended that it
exhausted all available domestic remedies by approaching the High Court of
South Africa, which struck the case off the roll for lack of urge
u N
subsequently seeking direct access to the Constitutional Court, whi ~ ~tvo'°~ ,
.,., ':,
o.,
~
<(I"
t~
37 Respondent's State Reply Submission on Admissibility and Merit, para. 27
I!!
38 Communication 147 /95, para. 34
39 The Complainant's written submissions on admissibility an d merits, para. 22
40
,.,.
~ ~ .
u
~
i
Respondent's State Reply Submission, para. 28
41 Communication 147/ 95, para. 34
9I Page
i', 4•.RICP.1~~
EEl 0~
The African Commission on Human and Peoples' Rights
31 B1jilo Annex Layout, Kombe North District,
West Coast Region Gambia
Phone: (220) 230 4361 Fax: (220) 441 05 04
J='m~il · ;:.\ll-h;:,\nii1l/m;:.'.lfrir;t-11ninn n rn
اختر الفقرة المستهدفة3
الاتصال بفقرة
Connect to an entity
Disable highlights
أضف إلى جدول المحتويات