p.CH!'h .
~··6~1j,Ef{
.,
Human Rights ouc
Collective Responsibility
Human and Peoples' Rights
42. It is also the contention of the Respondent State that the Complainant's prayer for
compensation to the tune of $300 000.00 is a different substantive claim than that
brought before the Courts of South Africa in which no monetary compensation was
sought. It is argued by the Respondent that this amounts to a delictual claim which
should have been filed in the courts of South Africa. 12
43. The Respondent State further emphasises that international enforcement
mechanisms must be a last resort. 13 They submit that the remedies in South Africa are
available, effective , and sufficient and this they argue is proven by the Bill of rights in
the South African Constitution which guarantees access to the courts; an effective
judiciary capable of providing a remedy. 14
44. Furthermore, the Respondent State contends that the present Communication does
not comply with Article 56(6) of the Charter as it was not sent within a Reasonable
time. Relying on the findings in Majuru v Zimbabwe (2008) 15 it is submitted that the
Commission has found a period of six (6) months to be a reasonable time to submit
one's complaint from the time of exhaustion of local remedies .
45 . The Respondent State avers that the Complainant has sought to mislead the
Commission by on the correct dates for when the Constitutional Court of South Africa
handed down its judgment and when the Complaint was filed at the Secretariat. The
understanding of the Respondent State is that the Constitutional Court handed down
their judgment on the 28th of December 2020 and the Complaint was filed on the 16th
of February 2022. The Respondent State also rejects the contention that the
Complaint was also couriered to the Secretariat in the absence of evidence, they insist
that such evidence is easily accessible from the Courrier service. In addition, the
Respondent State submits that the computation of the reasonable time period is not
concerned with when the Complaint was received but rather when it was seized.
46 . The contention of the Respondent State therefore is that the Commission should reject
the Communication as it does not conform with Article 56(6).
, ...
THE COMMISSION'S ANALYSIS ON ADMISSIBILITY
47.A Communication submitted in terms of Article 55 must satisfy the seven requirements
in Article 56 of the Charter in order to be declared admissible .
48 . The Commission recalls that the conditions outlined in Article 56 of the Charter are
cumulative and should all be adequately fulfilled for a commun ·
conformity with the terms of Article 55 to be admissible. Conse
i
12 Respondent State's Observations on Admissibility and Merits, para 32 - 50
13 Respondent State's Observations on Adm issibil ity and Merits, para 51-55
14 Respondent State's Observations on Adm issibility and Merits, para 57-62
15 AHRLR 146 (ACHPR)
"
"71.
'
,
(~
· "-'4.• -.;:_ 041Mf
,~~
·---=
6I Page
African[
z
u
4:
\
Union . "I
The African Commission on Human and Peoples' Rights
31 Bijilo Annex Layout, Kombo North District,
West Coast Region Gambia
Phone : (220) 230 4361 Fax: (220) 441 05 04
Fm::.il · ~11- h~ni, 11/m~frir.~-t ininn nrn
اختر الفقرة المستهدفة3
الاتصال بفقرة
Connect to an entity
Disable highlights
أضف إلى جدول المحتويات