28. The consideration on Admissibility of the Communication was deferred from the
78th to the 79th Ordinary Sessions of the Commission.
The Law on Admissibility
Complainant's Submission on Admissibility
29. The Complainant submits that the Communication meets the Admissibility
requirements under Article 56 of the African Charter.
30. The Complainant submits that the Communicc:1.tion was submitted by Queen
Ntombikayise Ambe represented by Adv. Shadrack Tebeile, against the Republic of
South Africa, in accordance with Article 56(1) ofthe African Charter.
31. The Complainant submits that in accordance with · Article 56(2) of the African
Charter, the Communication is compatible with the Constitutive Act of the African
Union and the African Charter as the alleges violations related to human rights
which is guaranteed by the African Charter.
.
32. In accordance with Article 56 (3) of the African Charter, the Complainant submits
that the present Communication and the allegations therein do not contain
disparaging or insulting language b~cause the Complainant has used language
which is not insulting or derogatory the Respondent State.
33. The Complainant in relation to article 56(4) submits that the claims for violations in
the present Communication and the allegations therein are not based exclusively
on news disseminated through the mass media. Instead, they are based on the
decisions by the authorities or institutions and courts of the Respondent State and
the court proceedings which took place within the domestic courts of the
Respondent State.
34. Pursuant to Article 56(5) of the African Charter, the Complainant submits that the
matter has been heard throughout the local courts in the Respondent State until the
highest courts, namely the Constitutional Court. According to the Complainant, the
fact that the matter has been adjudicated by the Constitutional Court means that the
matter has been aµjudicate by the highest court of the Respondent State. Thus, the
Complainant submits that local remedies within the Respondent State had been
exhausted.