54. Article 56(6) requires that a Complaint must be "submitted within a reasonable
period
from
the
Commission
is
time
local
seized
of
remedies
the
are
matter".
exhausted
Neither
or
the
from
the
Complainant
date
the
nor
the
Respondent State had submitted arguments on this provision. The Charter does
not define what constitutes 'a reasonable period', and the Commission adopts the
approach that 'each case must be treated on its own merit'.? In the present case
the Complainant in July 2012 applied directly to the Judicial Committee of the
Privy Council and while the Complainant does not state at which time his appeal
to
the
Privy
Council
was
rejected,
it
appears
from
the
submissions
of
the
Respondent State in paragraph 35 above tliat the rejection was also in July 2012.
The
Complainant
states
that
his
Complaint
was
thereafter
submitted
to
the
Commission in June 2015.
55. In
Michael
good
and
Complaint
Complaint
Majuru
v Zimbabwe,
compelling
for
to
consideration
ensure
Documentation
reason
fairness
Centre v
the
Commission
why
on
and
udan11
a
Complainant
time,
the
justice" .10
and Dr.
ruled
that,
there
is
could not submit his/her
eommission
In
"(w)here
the
cases
may
of
examine
the
Darfur Relief and
Farouk Mohamed Ibrahim (represented by
REDRESS) v. Sudan.I? the Commission held that two years and five months, and
fifteen months respectively, did not comply with Article 56(6), as "no sufficient
reason [were] given as to why th
a reasonable period".
, the
In light of its jurisprudence, and
as no justification was
plainant for the-three year delay between July 2012 and June
given by the Co
201
Communication could not be submitted within
ommission
within a reasonable
finds
that the
time anc!.4:hus
Complaint in
this
case
is
not submitted
does not meet the requirements of Article
56(6).
Article 56(7) of the Charter, the Commission does not find evidence
which
indicates
that the
brought before, o
State
did
not
issues
settled
provide
any
by
and
any
claims
other
contrary
in
the
Communication
international
argument.
forum.
The
Accordingly,
finds that Article 56(7) of the African Charter has been satisfi
have
been
Respondent
�mission
,p•':;��:�'.,\'�,.�
�
...
?)-,
<:,
�
!
�
i
)
:·;.,
; , � �� i )}
�
1;
'v
o/it.""
S,o\l AFR!Ct.\� (<.-;s
' C o m m u n i c a t i o n 308/05 -Michael Majuru v Zimbabwe (2008) ACHPR para 109.
10
11
12
Ibid, Para 109.
Ibid, Para 80.
Ibid, Para 77.
12
'<::/"°''"'"''s:Y
.
I