32 . The Complainant further submits that the Complaint about Rule 129V of the
Respondent State's National Assembly has been the cause of action in the High
Court and Constitutional Court, and therefore remains the cause of the Victim . The
Complainant avers that determination of the violation of Article 7(1) and 26 of the
African Charter cannot be undertaken by the Commission without looking into the
judgments of the Respo ndent State's domestic court, because of the fact that the
Victim must have exhausted local remedies .
33 . The Complainant submits that the Commission will look into the findings of the
Constitutional Court, given that it is impossible to determine whether there was a
violation of the rights in the African Charter without looking into the judgments of the
local courts of the Respondent State.
34. Accordingly , the Complainant submits that the Complaint discloses all the
requirements for admissibility and demonstrates a prima facie case for a violation of
the rights in the African Charter.
THE COMMISSION'S ANALYSIS ON ADMISSIBILITY:
35 . With respect to admissibility of Communications in accordance with Article 56 of the
African Charter, the Commission held in FIDH & Others v. Senegal that "the
conditions outlined in Article 56 are cumulative and should all be adequately fulfilled
for a communication submitted in conformity with the terms of Article 55 to be
admissible . Consequently, non-respect of any one of these conditions is liable to
render a communication inadmissible ." 8 The following , therefore, is an assessment
on the admissibility of the present Communication.
Article 56(1) of the African Charter
36.
In relation to the requirement in Article 56(1) of the African Charter, which provides
that Communications should indicate their authors even if the latter requests
anonymity, the Commission notes that the identity and the address of the
Complainant has been provided and further the Complainant has not requested
anonymity. In addition , the Victim being represented in the Communication is duly
identified . Accordingly, the Commission finds that the requirement under Article
56( 1) of the African Charter has been met.
Article 56(2) of the African Charter
37 .
In relation to the requirement of Article 56(2) of the African Charter, the Commission
has interpreted it as including compatibility with the Constitutive Act of the African
Union or the African Charter, in addition to compliance with the four aspects of its
competence , namely competence ratione personae, materiae, temporis and loci. 9