Nixon Nyikadzino v Zimbabwe 80. The national laws of the Respondent State allow for someone to file a case on behalf of another person even if the Victim is not within the country. This fact is not contested by the Complainant and hence the Zimbabwe Human Rights NGO Forum, or anyone else could have taken the case before Zimbabwean courts. In the case of J.E. Zitha and P.J.L Zitha v Mozambique2 3, the African Commission confirmed this position by stating that "having decided to act on behalf of the Victims, it is incumbent on the author of a Communication to take concrete steps to comply with the provisions of Article 56(5)". In the same case, the African Commission went on to rule that "local remedies could have been exhausted by the Victim, the Complainant or any other person". This same position was reiterated in Article 19 v Eritrea24 . 81. Similarly, in the present case even though the Victim was not able to exhaust local remedies, the Complainant could have taken the case before Zimbabwean courts or made arrangements for someone else to plead the Victim's case on his behalf. This should have been done especially taking into consideration the fact that the Complainant is a Zimbabwe based NGO which has specialized in human rights litigation before domestic and regional courts. 82. However, the Complainant has not even attempted to approach domestic courts. Under such circumstances, the African Commission is of the view that fear of persecution is not a tenable ground to waive the requirement of exhaustion of local remedies when the Victim could have been represented by the Complainant or anyone else. 83. The second ground upon which the Complainant pleads for waiver of the exhaustion of local remedies requirement is that the Zimbabwean court system lacks independence, and pressure from the executive branch would make any victory in court unlikely for the Victim. In line with this submission, the Complainant contends that when remedies 23 Communication 361/08 - J.E. Zitha & P.f.L Zitha (represented by Prof Dr. Liesbeth Zegveld) v Mozambique (2011) ACHPR paras. 108 & 109. 24 Communication 275/03 -Article 19 v Eritrea (2007) ACHPR para. 65. 20 11 th Extraordinary Session of the ACHPR I Page