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

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