74. It is therefore the Commission's view that the Complainant failed to exhaust local remedies. Decision 1. In view of the above, the Commission decides: 1. To declare the Communication inadmissible for failure to comply with Article 56(5) of the Charter 2. To notify its decision to the parties in accordance with Rule 107(3) of its Rules of Procedure. Done in Kigali, Rwanda at the 16 th Extraordinary Session of the African Commission on Human and Peoples' Rights held from 20 - 29 July 2014 1 Lesotho ratified the African Charter on Human and Peoples' Rights on 10 February 1992. 2 The Complainant had insisted that he entered Lesotho in 2003 but the Court found from documents produced that he entered Lesotho in 2005 and had thus not resided for the mandatory period of five years which according to Lesotho law, would have qualified him for citizenship at the material time. 3 Communication 306/05 4 Communication 268/03 5 Communication 65/19 (sic!) 6 Communication 71/92 7 Communication 275/2003 - Article 19 v. Eritrea (2007), para 43 8 Communication 293/04 - Zimbabwe Lawyers for Human Rights v Zimbabwe (2008) AHRLJ 120 (ACHPR 2008) para 51 9 The Complainant has furnished elements of proof that informed this opinion; namely that the individual alleged to have harassed his family in South Africa presented a letter to them in Lesotho Government letterhead, that the Government failed in many instances to respect court orders in his favour and the fact that the Government issued directive to the revenue authority on a matter that was still pending before the court 10 Frans Viljoen, International Human Rights Law in Africa (2012) 2nd Edition, pg 315 11 Communication 65/92 - Ligue Camerounaise des Droits de l'Homme v Cameroon (1997) ACHPR 10th AR 12 Opcit at no 8 [sic!] 13 Communication 147/95, 149/96 - Dawda Jawara v The Gambia (2000) ACHPR; Communication 299/06 (sic!) - Anuak Justice Council v Ethiopia (2003) ACHPR and Communication 334/06 - Egyptian Initiative for Personal Rights &Interights v Egypt (2011) ACHPR 14 Communication 375/09 - Echaria v Kenya (2011) ACHPR. 9

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