( ~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