2.
Are compatible with the charter of the organization of African.U-nity,orwith'_
the present Charter,
3.
Are not written in disparaging or insulting language'
4.
Are not based exclusively on news disseminated through the mass
media,
5.
Are filed after exhausting local remedies, if any, unless it is obvious that
this procedure is unduly prolonged,
6.
Are filed within a reasonable period from the time local remedies are
exhausted or from the date the Commission is seized of the matter, and
7.
Do not deal with cases which have been settled by the States involved in
accordance with the principles of the Charter of the United Nations, or
the Charter of the Organization of African Unity or the provision of the
present Charter."
40.While the Parties do not dispute that some of the admissibility
requirements have been fulfilled, the Respondent State raises two
objections. The first one relates to the exhaustion of domestic remedies,
and the second one relates to whether the Application was filed within a
reasonable time after the exhaustion of domestic remedies.
41.The Respondent State avers that the Applicants did not exhaust local
remedies because they never raised the allegations presented to this
Court before any of its municipal courts. The Respondent State submits
that the Applicants could have filed a constitutional petition under the
Basic Rights and Duties Enforcement Act challenging the alleged
violations of their rights especially in relation to the alleged discrimination
by virtue of the exercise of the presidential prerogative of mercy.
42.The Respondent State further submits that except for the First Applicant,
the Fifth Applicant and the Sixth Applicant, allthe other Applicants never
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