p.CHPlf • fi[ f) 6~!:tEf{ Human R,ghts ou, Human and Peoples' Rights Collective Responsibility South African Human Rights Commission. The Respondent stated that the Constitutional Court's decision was based on procedural grounds rather than substantive legal claims, and therefore, local remedies were not exhausted. 22 31 . The Respondent State contended that the communication was not submitted within a reasonable time, as required by Article 56(6) of the African Charter. It argued that the Constitutional Court issued its decision on 22 September 2021, and the communication was submitted to the African Commission on 16 February 2022, six months later. Furthermore, the respondent reiterated its submission regarding the exhaustion of local remedies above.23 32 . The Respondent State argued that the communication raises issues that have already been settled by domestic courts, in violation of Article 56(7) of the African Charter. It, in particular, submitted that the South African courts have already ruled on the matter, and the Complainant has not demonstrated why the Commission should re-examine an issue that has been addressed under domestic law. It further argued that the nationality requirement in the art competition is an administrative decision that falls within South Africa's legal framework, and the Complainant failed to challenge it adequately through the available domestic remedies. 24 The Respondent State concluded that the communication fails to meet several admissibility criteria under Article 56 of the African Charter, particularly regarding compatibility, exhaustion of local remedies, reasonable time, and prior settlement of the matter. It requests the Commission to declare it inadmissible. 25 THE COMMISSION'S ANALYSIS ON ADMISSIBILITY 33. The Commission notes that this Communication is submitted in terms of Article 55 of the African Charter on Human and Peoples' Rights (the African Charter. Accordingly, it must satisfy the seven requirements outlined in Article 56 of the Charter to be declared admissible. 34. The Commission further recalls that the conditions outlined in Article 56 of the Charter are cumulative and all should be adequately fulfilled for a communication submitted in conformity with the terms of Article 55 to be admissible. It explicitly recalls its position in FfDH & Others v Senega/2 6 that, essentially, non-fulfilment of any one of these conditions is liable t.:o~r~ ~ ~ communication inadmissible. «.,<, ~~ 35. The Commission will thus consider the parties' submission requirements seriatim. Ii z 4 u 22 ibid, paras 9-12. 23 Ibid, paras. 13-14 Ibid, para. 16-17 25 ibid, para. 21 26 Communication 304/ 2005 para 38 6 IP, 24 African Union '6 ~ 0 0,v .: 1 1>,I~ El .. -- .::::;-- The African Commission on Human and Peoples' Rights 31 Bijilo Annex Layout, Kombo North District, West Coast Region Gambia Phone: (220) 230 4361 Fax: (220) 441 05 04 Fm::1il · :=111-h~ni1 ,ltn'>~frir.::a., 1ninn nrn