• that the Supreme Court was biased towards the government and therefore acted not as the judiciary but as a political agent of the Government. 76. The State notes that its submission should not be taken as an attempt to curtail freedom of expression and criticism of the judiciary but is intended to protect the dignity of the judiciary, adding that the language used by the Complainants go beyond mere criticism of the judiciary, that the language is discourteous, contemptuous and disparaging and is clearly intended to undermine the judiciary in the performance of its duties and hence the administration of justice. It notes further that fair criticism of the conduct of a judge, the institution of the judiciary and its functioning may not amount to contempt if it is made in good faith and in the public interest, and good faith and the public interest are ascertained from all the surrounding circumstances including the person responsible for the comments and the intended purpose sought to be achieved. The State concluded by stating that the Complainants operated in apparent defiance of the law and the decision of the Administrative Court and Supreme Court and now invites the African Commission to sanction its defiance of the law and did so in a language disparaging and insulting to the judiciary of Zimbabwe. It notes that the Judiciary in Zimbabwe cannot enter into public or political controversy as such involvement will bring the judiciary into disrepute and it is therefore improper for the Complainants to make such disparaging statements knowing very well that the judiciary cannot respond to the statements. 77. Regarding Article 56.6 on the exhaustion of local remedies, the State notes that the Complainants indeed filed an application in terms of section 24 of the Constitution to challenge the constitutionality of AIPPA and argues that the judgment on the matter is not yet out not because the process is unduly prolonged but because of the Complainants’ defiance of the law. The State notes that the Complainants, after refusing to comply with the AIPPA chose to comply with it later and is still pursuing its challenge of its constitutionality and if the Complainants are successful, they will be able to resume operations without going through the registration process. 78. The State notes that as at when the Complainants were submitting the communication to the th Commission during the 34 Ordinary Session in November 2003, there was an application in the Supreme Court they were pursuing to challenge the constitutionality of the AIPPA. The State notes further that the Minister of State for Information and Publicity and Cabinet appealed a decision that the Complainants should publish by 30 November 2004. 79. The State notes further that the provisional order sought by the Complainants demonstrates that it has not exhausted local remedies. The State referred the African Commission to the Complainants’ statement in page 6 paragraph (r) that “[a]s a provisional measure necessary to uphold and protect the rights contained in the Charter and avoid irremediable damage, Complainants ask the Commission to request that ANZ’s computers and equipment be returned and it be allowed to resume publication on the Daily News immediately, until its question whether the impugned sections of the Zimbabwe statute are consistent with the provisions of the Constitution of Zimbabwe has been properly heard and determined by an impartial tribunal”. 80. The State also submitted that it is misleading for the Complainants to argue that the Supreme Court did not consider the question of admissibility as the Court made an obiter statement on the question of constitutionality. The Respondent States finally notes that appeal by the Government of the Republic against the decision of the Administrative Court was heard together with the Complainants’ constitutional application and judgment is awaited and as such, the African Commission cannot entertain the communication until all local remedies have been exhausted. African Commission’s decision on admissibility 81. The current communication is submitted pursuant to Article 55 of the African Charter which allows the African Commission to receive and consider communications, other than from States Parties. Article 56 of the African Charter provides that the admissibility of a communication submitted 2 pursuant to Article 55 is subject to seven conditions . The African Commission has stressed that the conditions laid down in Article 56 are conjunctive, meaning that, if any one of them is absent, the 3 communication will be declared inadmissible.