77. The African Commission was faced with a similar situation in Mr. Obert
Chinhamo v Zimbabwe,22 where the Complainant also argued that even if
local remedies were available, they were not effective because the
Respondent State has the tendency of ignoring court rulings taken against
it. . The African Commission held that “It is not enough for a Complainant to
simply conclude that because the State failed to comply with a court decision in
one instance, it will do the same in their own case. Each case must be treated on
its own merits”23.
78. Thus, granted that a remedy must offer a prospect of success, the
Commission can only conclude that it is indeed ineffective if there is proof
beyond reasonable doubt and balance of probability that the remedy,
despite its existence, would indeed not redress the violation(s) alleged.
Nonetheless, in the Communication in question, the Complainant has not
made any attempt to exhaust local remedies, short of saying that they are
not available or effective on the ground that the courts in the Respondent
State do not comply with their decisions.
79. Accordingly, apart from establishing that the evidence before this
Commission is not sufficient to provide clarity on the issues raised, the
Commission is also ascertaining that the Respondent State has not been
given the opportunity to investigate the allegations and provide redress
within its jurisdiction.
22
n 7 above para 83.
n 7 above para 84. See also Communication 308/07 – Michael Majuru v Zimbabwe (2008) ACHPR
paras 101 - 103
23
22