103. As was the position of the Commission in Givemore Chari (represented by Gabriel
Shumba) v Zimbabwe= and other past decisions, where a Complainant has failed to
exhaust domestic remedies, it follows that the Communication will also be considered as
not having satisfied the conditions of Article 56 (6) of the African Charter for having been
submitted prematurely.
104. From the above ruling, it follows that the filing of the Communication by the Complainant
cannot comply with the requirement under Article 56(6) of the African Charter as it was
prematurely done.
105. Article 56(7) of the African Charter provides for the requirement that a Communication
must not be considered if it has already been settled before other international bodies. The
Complainant claims that the present Communication has neither been dealt with nor is it
pending before any other international body. The Commission has not found any evidence
to suggest the contrary. Consequently, the Commission holds that the Complainant's
Communication complies with the requirement under Article 56(7) of the African Charter.
106.
Rule 106 of the Rules of Procedure 2010, provides that 'The Communications shall comply with
the requirements of Admissibility under Article 56 of the Charter which are cumulative", meaning
that if anyone of them is absent, then the communicatioiitwill be declared inadmissible. In
this regard the Commission holds that this Communication has failed to satisfy the
requirements of Article 56 (3) of the African Charter on the use of disparaging and
insulting language, Article 56 (5) of the African Charter on exhaustion of local remedies,
and Article 56 (6) of the African Charter on the submission within a reasonable time from
the exhaustion of local remedies.
Decision of the Commission
on Admissibility
107. In view of the above the Commission decides:
1. To declare the Communication inadmissible because it does not comply with the
requirements of Articles 56(3), 56(5) and 56(6) of the African Charter and it so
declared; and
2. To give notice of this decision to the parties in accordance with Rule 107(3) of Rules
of Procedure 2010.
Done during the 74th Ordinary Session of the African Commission
Rights held virtually from 21st February to 7th March 2023.
36 Communication
on Human and Peoples'
351/2007- Givemore Chari (represented by Gabriel Shumba) v Republic of Zimbabwe,
81
741h Ordinary Session of the ACHPR