42.
Regarding the other aspects of jurisdiction , the Commission notes that the
Communication was introduced against a State Party to the African Charter
(competence ratione personae); the Complaint relates to facts that occurred after
the Respondent State became a party to the African Charter (competence ratione
temporis) ; and the violation was committed in the territory of the Respondent State
(competence ratione loci). Thus, the Commission concludes that all four aspects of
its competence are fulfilled.
43. Concerning compatibility with the Constitutive Act of the African Union, the
Commission notes that in this case the Victim requests the protection of her human
rights , that is her rights under Article 7(1) and 26 of the African Charter. One of the
objectives of the Constitutive Act of the African Union, provided for in Article 3(h)
thereof, is the protection of human rights. In addition, the Commission observes that
the Complaint and Complainant's submissions do not reveal any incompatibility with
the African Union Constitutive Act or the African Charter. 12
44.
Consequently, the Commission concludes that the Communication meets the
requ irements of Article 56(2) of the African Charter.
Article 56(3) of the African Charter
45 . With respect to Article 56(3) of the African Charter, which provides that
Communications shall be considered if they are not written in disparaging or
insulting language directed at the State concerned and its institutions, or to the
Organization of African Unity, the Commission has not observed any insulting or
disparaging language in the Communication , and accordingly finds that Article 56(3)
of the African Charter has been met.
Article 56(4) of the African Charter
46.
Article 56( 4) of the African Charter states that Communications shall be considered
"if they are not based exclusively on news disseminated through the mass media ."
In the present Commun ication the Commission takes note of the fact that the
Complainant submitted , as evidence , judgments of the High Court and
Constitutional Court of South Africa in support of the arguments on admissibility. In
light of the fact that the Commission has not observed any evidence that the
information provided in the Communication is based exclusively on news
disseminated through the media , the Commission consequently finds that the
requirement of Article 56( 4) of the African Charter has been met.
Article 56(5) of the African Charter
47 . Article 56(5) of the African Charter requires that Communications be submitted after
exhausting local remedies , if any, unless it is obvious that this procedure is unduly
prolonged. In this regard , the Commission notes that it is a generally accepted
principle in international law that before an international body is approached, the