ACHPR
African Com mission on
Human Rig hts our
Collective Responsibility
,, Human and Peoples' Rinhts
58. The Commission notes firstly that the Complainant has not approached the Bargaining
Council for the settlement of her dispute through conciliation (and if unsuccessful,
arbitration) as indicated by the Labour Court but instead took her matter to the High
Court where it was promptly dismissed .
59. Secondly, the Commission recognizes that the High Court's decision to strike her
application off the urgent roll was not a final decision. As has been submitted by the
Respondent State, the Complainant could still re-enlist her matter on the normal roll.
Instead of doing that the Complainant decided to approach the Constitutional Court
where her application was dismissed for lack of merits and urgency. It is therefore
clear to the Commission as submitted by the Respondent State that the Complainant
has residual domestic remedies under the domestic legal order which are at her
disposal. The Commission takes the view that the present Communication is not
compliant with Article 56(5) as the Complainant has not exhausted local remedies.
Art_icle 5q(6) of the Charter
60. Article 56(6) of the Charter states that Communications relating to human and
Peoples' Rights ... shall be considered if they: are submitted within a reasonable period
from the time local remedies are exhausted, or from the date the Commission is seized
with the matter." The Commission notes that the present Communication has not
exhausted local remedies. Furthermore, the Commission recalls that the requirement
under Article 56(6) is for the Complainant to submit her Communication within a
reasonable time from the time local remedies were exhausted, accordingly exhaustion
is a prerequisite of submission. In addition, the Commission has previously decided
that the time of exhaustion of local remedies is the starting point for the computation
of time within which to submit the Communication to the Commission. 49 Where local
remedies have not been exhausted,there is no plausible basis from which to compute
time for submission of the ComrT')unication to the Commission or even assess
reasonableness of that time. It follows therefore that where the Complainant has not
exhausted local remedies,. it suffices to say that Article 56(6) has not been complied
with.
Article 56(7) of the Charter
61.Article 56(7) of the Charter states that "Communications relating to human and
Peoples' Rights ... shall be considered if they: do not deal with cases which have been
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