ACHPR African Com mission on Human Rig hts our Collective Responsibility ,, Human and Peoples' Rinhts 58. The Commission notes firstly that the Complainant has not approached the Bargaining Council for the settlement of her dispute through conciliation (and if unsuccessful, arbitration) as indicated by the Labour Court but instead took her matter to the High Court where it was promptly dismissed . 59. Secondly, the Commission recognizes that the High Court's decision to strike her application off the urgent roll was not a final decision. As has been submitted by the Respondent State, the Complainant could still re-enlist her matter on the normal roll. Instead of doing that the Complainant decided to approach the Constitutional Court where her application was dismissed for lack of merits and urgency. It is therefore clear to the Commission as submitted by the Respondent State that the Complainant has residual domestic remedies under the domestic legal order which are at her disposal. The Commission takes the view that the present Communication is not compliant with Article 56(5) as the Complainant has not exhausted local remedies. Art_icle 5q(6) of the Charter 60. Article 56(6) of the Charter states that Communications relating to human and Peoples' Rights ... shall be considered if they: are submitted within a reasonable period from the time local remedies are exhausted, or from the date the Commission is seized with the matter." The Commission notes that the present Communication has not exhausted local remedies. Furthermore, the Commission recalls that the requirement under Article 56(6) is for the Complainant to submit her Communication within a reasonable time from the time local remedies were exhausted, accordingly exhaustion is a prerequisite of submission. In addition, the Commission has previously decided that the time of exhaustion of local remedies is the starting point for the computation of time within which to submit the Communication to the Commission. 49 Where local remedies have not been exhausted,there is no plausible basis from which to compute time for submission of the ComrT')unication to the Commission or even assess reasonableness of that time. It follows therefore that where the Complainant has not exhausted local remedies,. it suffices to say that Article 56(6) has not been complied with. Article 56(7) of the Charter 61.Article 56(7) of the Charter states that "Communications relating to human and Peoples' Rights ... shall be considered if they: do not deal with cases which have been 10 I Page httos:ia chor.au .inUO O I'll

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