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ACCommission
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~ rC1 African
Human and Peoples' Rights
Human RightS our
Collective Responsibility
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systems and the complementarity
systems.
56.
nature of regional human rights protection
The Commission finds substance in the Respondent State's arguments that the
Complainant still has options within the domestic judicial system to have his
case heard and give the domestic courts an opportunity to redress the alleged
violations. That is apparent from the fact that, after the two applications were
dismissed in the High Court and the Constitutional Court on the basis of
procedure followed, the Complainant approach~d the Commission without
exercising the options he still has open within thelpc~l judicial system, including
the option to bring an application before the High Court through normal court
rules, after it was found that his matter lacks urgency and could not be placed
on the urgent relief court roll. In light of those fastp, the COmmission concludes
that the Complainant still has options to have his ca~e}l.eard by domestic courts,
by following the normal course of applications thorough ,the hierarchy of Courts
as provided for in terms of, Section 166 of the',Gonstitllqon of the 'Respondent
State before submitting his :EqmmunicatioR;tb the Commission, to avoid
depriving the Respondent State'~ cQurts of ~riop~ortunity to ~a!dress the alleged
',i
'"
.'
violations, as the principle of comple~nentaritY;;fequires .
.' 4
..
.
57.
The principle of complementarity requires the Commission not to act as a court
of first instance or act as a substitute to the domestic judicial systems, but to give
domestic courts an opportunity to hear and pronounce themselves on alleged
violations before a Communication is received, unless the established grounds
of deviation from, the requirement, of exhaustion of local remedies
(unavailability, inefficiency and insufficiency) are alleged and proved, which is
not the ~ase" ''",'
present matter ~In cases where the Complainant still has
case before local courts and decides to abandon those
tter to the Commission,like in the present matter, the
to apply the exhaustion of local remedies rule
unication inadmissible in conformity with Article 56 (5) of the
it finds in this matter.
58.
Against that background and in light of such findings, the Commission
concludes that the Complainant has not exhausted local remedies as required in
terms of Article 56 (5) of the African Charter.
Article 56(6)
An ()I'~lan 01the
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