ACHPR
African Commission on
Human and Peoples' RirJhts
Hu,T1an Flights our
Collective Responsibility
33. The Complainant avers that he brought an urgent application to the High Court of
South Africa, Limpopo Division, on 3 September 2021 under Case Number
6403/2021. On 28 September 2021, the High Court decided that the matter was
not urgent. Consequently, the Complainant approached the Constitutional Court
on 29 September 2021 under Case Number CCT 302/2021 and sought an order
for direct access on an urgent basis. However, on 13 October 2021, the
Constitutional Court dismissed the application on the basis that it was not urgent.
As a result, the complaint meets the requirements of Article 56(5) of the African
Charter on admissibility. 8
34. The Complainant submits that the Constitutional Court delivered its Order on 13
October 2021, and the complaint was subsequently filed before the end of
February 2022, a period of less than five (5) months. The complaint was filed within
the permissible threshold for a reasonable time and, therefore, satisfies the
requirements in Article 56(6) of the African Charter.9
35. Finally, the Complainant argues that the issues raised in his complaint have not
been settled by any other entity, in accordance with the principles of the Charter
of the United Nations, the Constitutive Act of the African Union, or the provisions
of the African Charter as provided for in Article 56 (7) of the African Charter. 10
Respondent State's Submissions on Admissibility
36. The Respondent State did not delve into detail concerning most of the
requirements under Article 56 of the African Charter but primarily foe
fifth requirement under Article 56(5) of the African Charter on th
local remedies.
8 Complainant's Observations on Admissibility and Merits, para 28 to 37.
9 Complainant's Observations on Admissibility and Merits, para 38 and 39.
10 Complainant's Observations on Admissibility and Merits, para 40 and 41.
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