ACHPR
African Commission on
Human and Peoples' Rights
Human Flights our
Collective Responsibility
45. Lastly, the Respondent State argues that the Complainant could seek redress from
the Labour Court for an order to unblock his Persal Number in terms of the Basic
Conditions of Employment Act No. 75 of 1997. 18
46. The Respondent State submits that the Commission needs to be guided by the
principle of the primacy of domestic remedies in reaching its decision . The
Respondent State also submits that it has adequately demonstrated the availability
of judicial remedies that the Complainant could have utilised before filing the
complaint.
47 . The Respondent State contends that the Commission has sufficient grounds to
render the complaint inadmissible as it does not meet the requirements of Article
56(5) of the African Charter.
Law
Analysis of the Commission
48.Article 56 of the African Charter provides that communications submitted under
Article 55 of the African Charter shall be considered if they satisfy the seven (7)
conditions of admissibility set out therein. The requirements are conjunctive and
should be viewed cumulatively, such that a failure to meet any of the requirements
renders a communication inadmissible.19
49. The Commission considers the submissions of the parties in light of these
requirements as follows:
18 Respondent State's Observations on Admissibility, para 42.
19 Communication 284/ 03: Zimbabwe Lawyers for Human Rights & Associated News
v Republic of Zimbabwe (2009) ACHPR para 81.
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