82. According to the Corn.mission's established jurisprudence, local remedies are deemed to be exhausted only if they are available, effective and sufficient. 17 A local remedy is considered available "if the petitioner can pursue it without impediment, it is deemed effective if it offers a prospect of success, and it is found sufficient if it is capable of redressing the complaint." 18 The Commission has consistently held that remedies which fail to meet these standards do not need to be exhausted, and will consider the exha ustion requirement satisfied.19 Therefore, a remedy may exist in theory, however may not need to be exhausted if it is unavailable, inadequate, or ineffective. 20 83. In the present Communication, the Commission notes the Respondent State's submission that its judicial system is competent to identify victims of trafficking and prosecute the crime of 'trafficking in persons' as per the laws in the State, particularly the Combating of Trafficking in Persons Act (2018). 84. The Commission observes, however, that the Combating of Trafficking in Persons Act became operational on 14 November 2019, as indicated in paragraph 54, whereas the Complaint refers to alleged violations which occurred in 2017, and furthermore was submitted to the Commission on 28 April 2019 - that is, before the law became operational in Namibia. 85. On review of the Combating of Trafficking in Persons Act,21 the Commission notes that the law does not include any provision stipulating that it has retroactive effect, nor does the State submit that it does. In light of the fact that this law was enacted after the alleged violations were committed, it is clear that, in light of the fact that the law is not retroactive, the remedy under this law is not available to the Victim in the instant case. 86. However, the Commission also takes note of the State's submissions which indicate cases successfully tried in its courts, highlighted in paragraph 61, which demonstrate its capacity to deal with trafficking cases under the Prevention of Organized Crime Act (2004), the Combating of Rape Act (2000) and the Combating of Immoral Practices Act (1980). Therefore, conceivably local remedies exist in t~ R:espop ent State in relation to the violations which the Victim was subjected tc<However, as n,oted from 17 Communication147/ 95-149/%: Sir Dawda K. Jawara v. The Gambia (2000) ACHPR,,para.~ a hs ' 1 8 Communication 379/09: Monim Elgak, Osman Hummeida and Amir Suliman (rep .,, 1 sented by FID -an Sudan (2014) ACH PR, paragraph 49, See also Jawara v, Gambia paragraph 32 . r, 1 9 Communication 288/ 04: Gabriel Shumba v. Zimbabwe (2012) ACHPR, parag · 49 20 Id, paragraph 77 11 21 Combating of Trafficking in Persons Act (2018), Article 2. Objects of Act: The objects of this Act are to [... ] (c) provide for- (i) the prosecution of persons who comm1 accessed at hllps:// namiblii.orc/akn/ na / arl/2018/ 1/!>n&@20 18-04-06 16 ~ 1 , \\ J• MCT) v <r erms of this Act;"