:1/:~:P.~~- ACH PR •'~~ ~, · Comm1ss ••1on on / • At rican hmn>' ~ Human and Peoples' Rights Human Rights our Collective Responsibility 37. The Respondent State argues that Article 50, as read with Article 56 of the African Charter, provides that the African Commission on Human and Peoples' Rights can only adjudicate a matter submitted to it after ensuring that all domestic remedies (if any) have been exhausted. 38 . The Respondent State disputes the arguments by the Complainant that he has exhausted domestic remedies simply because his case has been through the domestic courts in the Republic of South Africa until he reached the Constitutional Court. 11 39. The Respondent State submits that Article 56(5) of the African Charter imposes a strict requirement that an individual ought to seek redress for harm allegedly caused by a state within its domestic legal system before pursuing international proceedings. 40. The Respondent State further submits that in terms of the South African legal system, an order striking off a matter from the roll is not final because the merits of the matter have not been adjudicated. 12 41. The Respondent State further argues and cites jurisprudence from the South African courts, specifically the decision in the case of Thembane Cleaning Services CC v Johannesburg Road Agency and Another. 13 The Gauteng Division of the High Court of South Africa's ruling in this case was to the effect that final or definitive of the parties' rights. 14 9