f,{"'f) ACHPR
\.
African Commission on
Human and Peoples' Rights
Human Rights our
Collective Responsibility
act of the African Union and the African Charter, as it pertains to alleged human
rights violations that fall within the mandate of the African Commission. 4
21. The Complainant also stated that the communication does not contain any
disparaging or insulting language, thereby satisfying the requirements under
Article 56(3) of the African Charter. 5 It affirmed that the allegations are not based
exclusively on mass media reports but rather on official decisions by
governmental authorities, institutions, and courts of the respondent state.6
22. The Complainant asserted that it had exhausted local remedies, as required
under Article 56(5) of the Charter, having litigated the matter before the High
Court of South Africa, Limpopo Division, Polokwane, and subsequently before
the Constitutional Court of South Africa. 7 The Complainant further submitted
that they filed an urgent application in the High Court of South Africa, Limpopo
Division, Polokwane, on 7 September 2021 , challenging the nationality
requirement imposed by the Polokwane Municipality for participation in an art
competition. 8
23. They submitted that on 16 September 2021 , the High Court struck the
application from the roll for lack of urgency.9 The Complainant submits that they
then approached the Constitutional Court of South Africa, seeking direct access
and urgent relief to challenge the High Court's ruling. 10 However, on 22
September 2021, the Constitutional Court dismissed the Complainant's
application, thereby concluding the domestic litigation process. 11 The
Complainant submitted that the constitutional court's decision, as it is the
highest judicial authority in South Africa, represented the exhaustion of local
remedies. 12
24. It further added that the present communication was submitted to the African
Commission on 16 February 2022, within six (6) months of the constitutional
court's decision, thereby satisfying the requirement under article 56(6) of the
Charter that it be filed within a reasonable time after the exhaustion of local
remedies.13 The Complainant stated that the issues ra ised in this
4 See, respectively, ibid para. 18-19, para. 17-18
s Ibid, para. 20-21; also, para. 19-20
6 ibid, para. 22-23; also, para, 21-22
7 ibid, para . 24-25; also, para. 23-24
s ibid, para. 27; also, para. 25
9 ibid, para. 28; also, para. 27
10 ibid, para. 29; also, para. 28.
11 Ibid, para. 30; also, para. 29.
12 ibid, para. 31; also para. 30
13 ibid, para. 32-33; also, para. 32-33
4l 0 age
A.fun
Union
~
.
;
(Cu
..... ';
0
Cl \
'C
~
The African Commission on Human
31 Bijilo Annex Layout.
West C
Phone: (220) 230 4361 Fax: (
°
• '
• F>-'
~
اختر الفقرة المستهدفة3
الاتصال بفقرة
Connect to an entity
Disable highlights
أضف إلى جدول المحتويات