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Human and Peoples' Rinhts
Collective Rei3ponsibility
24. The Complainant submits that her Complaint discloses the identity and therefore
complies with Article 56(1 )·9
25. Regarding Article 56(2), the Complainant propounds that the Complaint alleges
violations of rights guaranteed under the Charter and in those circumstances conforms
with the Charter as well as the Constitutive Act of the African Union (AU). 10
26. The Complainant argues that the allegations raised in the Communication do not
contain disparaging or insulting language. 11
27 • On the requirement in Article 56(4), the Complainant avers that the claims for
violations in the present Communication and the allegations therein are not based
exclusively on news disseminated through the mass media. Instead, they are based
on the decisions by the authorities or institutions and courts of the Respondent in the
Republic of South Africa and the court proceedings which took place within the
domestic courts of the Respondent. For this reason, the Complainant submits that she
has satisfied the requirement for admissibility. 12
28. The Complainant submits that she has exhausted all local remedies in the Respondent
State as she has litigated through all the local courts, all the way up to the
Constitutional Court which is the apex Court of the ;RespondentState. 13
29. It is submitted that the Complainant filed an urgent application for an interim order at
the High Court, Limpopo Division, Polokwane on the 19th of April 2021 , which
application was struck off the roll for lack of urgency on the 23 rd of April 2021. 14
30 • Aggrieved by · ·the order of the High Court, the Co,mplainant approached the
Constitutional Court seeking an order for direct access to set aside the judgment and
order of the Hig~ Court, on 03 May 2021, the Constitutional Court dismissed the
Complainant's application. 15
31. The Complainant argues that the Communication complies with Article 56(6) of the
Charter in that the Constitutional Court handed down its Order on 03 May 2021 and
the Complaint was finalised on the 13th of May 2021, and sent to th~ Commission at
the end of May 2021. 16
32. Furthermore, the Complainant avers that the Secretariat of the Commission states that
the Complaint was received on 16 February 2022 as opposed to the af . , tl ioned
end of May 2021. They argue that in any event, if the date of 16 th o,t~
c ~uryi ~ j ~
taken, it would still be a reasonable amount of time within which to fi'~ '{ h't .__..,.TTKJ ~int:'1>,!<_
' >Jttx,xf ,
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\:t
9 Complainant's Observations, para 6
10 Complainant's Observations, para 8-9
11 Complainant's Observations, para 10-11
12 Complainant's Observations, para 12
13 Complainant's Observations, para 13
14 Complainant's Observations, para 14-15
15 Comp lainant' s Observations, p ara 16-17
16 Complainant's Observations, para 20
17 Complainant's Observations, para 21
4j Pag e
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The African Comm ission on Human and Peoples'
Rig hts
31 Bijilo Ann ex Layout, Kombo North Di strict,
W est Coas t Region Gambia
Phone: (220) 230 4361 Fax: (220) 441 05 04
Email : au-b<,:1njul@africa-union,Qrg
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