~ . / . ~CHP_~ . \ ~) 'cmm~ AC HPR African Commission on Human and Peoples' Rights Haman Rights o"' Collect ive Responsibility petitioner does not, in itself, demonstrate the lack or exhaustion of all effective remedies ."36 While the Complainant sought his cases to be heard on an urgent basis, the fact that proceeding on the normal court roll would not have been favourable to him , as this would not be as expeditious as he had hoped, did not render the local remedies unavailable or duly exhausted. The dismissal of both cases in the High Court and the Constitutional Court was done on procedural as opposed to substantive grounds. 67. Finally, the Commission reiterated in Rencontre Africaine pour la defense des droits de /'homme v Zambia that when a government 'argues that the Communication should be declared inadmissible because local remedies have not been exhausted , this government has the responsibility of proving the existence of such remedies .' 37 The Commission contends that the Respondent State has successfully proven the existence of remedies at the Complainant's disposal. 68. In view of the above, the Commission concludes that the Complainant has not exhausted domestic remedies and that this Communication fails to meet the requirements of Article 56 (5) of the African Charter. Article 56(6) 69 . With regards to the time limit for lodging a complaint, Article 56(6) of the African Charter provides that communications are to be admitted if they are submitted within a reasonable time , following the exhaustion of domestic remedies or the date set by the Commission for the counting of the time limit for admissibility before the Commission itself. 36 Communication 307 / 05: Obert Chinharno v Zimbabwe, (2007) ACHPR, para 84. Africaine pour la defense des droits de l'ho ~ 37 Communication 71/92: Rencontre ACHPR, para 12. f .-m,,,-.1.. (J UI Z O f - ~ ~ n ~ ,: ~ ~ 0 I l',I 4~"RICl'-1t-1~ C E. -• "'/ ~...,\ \..,yV

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