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African Commission on
Hurnan a11d Peoples Ri~Jhts
Hun,an F~ights our
1
Collective Responsibility
42. The Commission observes that the Respondent State does not contest any of the
other grounds for admissibility as enshrined in Article 56 of the Charter. 27
THE COMMISSION'S ANALYSIS ON ADMISSIBILITY
43 . 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.
44. The Commission recalls that the conditions outlined in Article 56 of the Charter are
cumulative and should all be adequately fulfilled for communication submitted in
conformity with the terms of Article 55 to be admissible. Consequently, non-fulfillment
of any one of these conditions is liable to render a communication inadmissible. 28 The
Commission now considers the submissions of the parties in light of these
requirements in seriatim.
a
Article 56( 1) of ~he Charter
45.Article 56(1) of the Charter states t~at "Communications relating to Human and
Peoples' Rights ... received by the Cpmmission shall be considered if they indicate
their authors even if the latter request anonymity .. . " The requirement here is that
complainants or authors of complaints· proffer their identity29 and
contact details30 to enable the Commission to adequately process the communication
through assurances of continued interest in the matter. 31 In the present case, the
Communication is brought by Selemabothokgo Magdeline Rachidi, who is legally
represented by one Advocate Shadreck Tebeile.The parties are adequately identified ,
the Communication duly complies with Article 56 (1) of the Charter.
Article 56 (2) of the Charter
'
.i;
..•
46 . Article 56(2) of.the Charter states that "Communications ... received by the Commission
shall be considered if they are compatible with the Charter of the Organization of
African Unity or with the present Charter." In Communication 709/19- SenatorJeanPierre Bemba G.ombo v. Democratic Republic of Congo, the Commission
interpreted Article 56(2) of the Charter to require compatibility with the Constitutive Act
of the African Union or the Charter, and with the four (4) aspects of its competence,
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