c.
Are not written in disparaging or insulting language directed
against the State concerned and its institutions or the African
Union;
d.
Are not based exclusively on news disseminated through the
mass media;
e.
Are sent after exhausting local remedies, if any, unless it is
obvious that this procedure is unduly prolonged;
f.
Are submitted within a reasonable time from the date local
remedies were exhausted or from the date set by the Court as
being the commencement of the time limit within which it shall
be seized with the matter; and
g.
Do not deal with cases which have been settled by those States
involved, in accordance with the principles of the Charter of the
United Nations, or the Constitutive Act of the African Union, or
the provisions of the Charter.
53. The Respondent State raises two objections to the admissibility of the
Application, both are based on the failure of the Applicants to exhaust local
remedies. The Court will, therefore, consider the said objections before
examining other conditions of admissibility, if necessary.
A. Objections based on non-exhaustion of local remedies
54. The Respondent State raises two objections to the admissibility of the
Application relating to the non-exhaustion of local remedies: First, that the
remedies are available, efficient and sufficient and thus should have been
exhausted (i); and second, that the Applicants could have filed individual
cases on behalf of the PWA alleging violation of their rights (ii).
i.
Objection on the ground that the Applicants did not exhaust available
remedies
55. The Respondent State contends that the Applicants have not exhausted
local remedies as required by the Charter even though they are available. It
argues that exceptions to the rule on exhaustion of local remedies do not
14