violation. 76. In the present case, the issue under determination is whether there is a continuing violation of the victims' rights. The Complainants allege that they were paid less than they were entitled to from the privatisation of the Venda Pension Fund. This is still the case till date; they have not been paid the full amounts which they allege is due to them. Also, the Proclamation 56 which is the Law relating to the pension fund scheme, which they sought to have revised, has not been revised to date. Therefore, even though the violations occurred in 1994/1995 before the Respondent State became party to the Charter, the status quo has remained the same; these victims have still not been paid what they allege they are entitled to. Therefore the Commission holds that although the events complained of occurred before 1996, there is evidence of continuing violation. The Commission holds that this element of compatibility with the Charter has been fulfilled. 77. The Respondent State also pointed out that the Communication does not set out prima facie violation of the Charter based on the fact that the Complainant has not substantiated their claims on Articles 2, 3, 13 and 15, which they allege have been violated. The Complainants allege that most of the Venda Government workers, who were involved in the Privatisation scheme, were paid less than they were meant to be paid. They also furnish the Commission with an elaboration of the facts of the matter. Without going into the merits of the Communication, the Commission can deduce that there is a prima facie violation of their economic rights, which intertwines with some other rights under the Charter; all these would be put under proper scrutiny at the Merits stage of the Communication. The Commission therefore holds that this element of compatibility which is contended by the Respondent State has also been fulfilled. 78. Article 56 (3) of the Charter provides that "Communications relating to human and Peoples' Rights... shall be considered if they: are not written in disparaging or insulting language directed against the State concerned and its institutions or to the Organisation of African Unity"(OAU). In this Complaint, the language used is not disparaging or insulting to the State nor to its institutions nor to the AU. For this reason, the African Commission holds that the Communication fulfills the provision of sub- Article 3 of Article 56 of the African Charter. 79. Article 56 (4) of the Charter provides that "Communications relating to human and Peoples' Rights... shall be considered if they: are not based exclusively on news disseminated through the mass media". The Complainant states that the Communication and the events which led to bringing same before the Commission are within his personal knowledge and not through news disseminated by the mass media. The Commission does not see in this Communication, anything which shows that it is based exclusively on mass media and as such, holds that this sub-Article of Article 56 of the Charter has been complied with. 80. Article 56 (5) of the Charter provides that "Communications relating to human and Peoples' Rights... shall be considered if they: are sent after exhausting local remedies, if any unless it is obvious that this procedure is unduly prolonged". The Complainants in this matter allege that they took the matter, as a complaint to the Public Protector in November 1996 for investigations which took the Public Protector about five years to report on. Then it was brought before the High Court of South Africa in July 2004, which dismissed their application. It was then taken before the Supreme Court of Appeal of South Africa in November 2005, the Supreme Court of Appeal also dismissed their application. Finally it was taken to the Constitutional Court of South Africa in February 2006; the Constitutional Court dismissed their application for leave to appeal, on the grounds that there was no "prospects of success in the appeal".16 For this reason, therefore, the exhaustion of local remedy requirement has been exhausted by the Complainant. 81. The State however raised an issue that the Complainants have only just raised the issue of violation of these rights (Article 2, 3, 13 and 15) for the first time before the Commission and did not raise this in the Courts in South Africa. 82. The African Commission notes that the Complainants have shown prima facie evidence of taking their case before all the hierarchy of Courts in South Africa, in the hopes to remedy their situation. Also, the same facts contained in the case dismissed at the domestic courts are those presented before the African Commission. The Complainants do not have to state specific Articles of the Charter which have been violated, but where they do, it would be wrong to penalize them for doing so based on the arguments that they had not raised the fact that those Articles have been violated, in the domestic Courts. 83. The Commission stated in its decision in Mouvement des Réfugies Mauritaniens au Sénégal v Senegal, that the Commission does not require that the 'complaints intended to be made subsequently' at the international level had to be made 'at least in substance' at the national level, such as invoking the particular right at stake either by name or as part of an argument 'to the same or like effect', as the European system does.17 What this means in essence is that, the Complainants do not need to have 8