or at least attempt to exhaust local remedies. It is not enough for the complainant
to cast aspersion on the ability of the domestic remedies of the State due to isolated
incidences”.
75. Furthermore, the premise under Article 56(5) is to give the Respondent
State the opportunity to redress by its own means, within the framework
of its own domestic legal system, the wrong alleged to have been done to
the individual,19 before taking the matter to any international body. Thus,
if the Government argues that a Communication should be declared
inadmissible because local remedies have not been exhausted, it has the
burden to demonstrate that such remedies exist.20
76. In the instant Communication, the Respondent State contends that it has
discharged its onus to show that local remedies are available and effective,
making the burden shift on the Complainant to proof otherwise. In
exercising this burden, the Complainant cites the Cases of Commercial
Farmers Union v The Minister of Lands and Agriculture, land
Resettlement and others,21 and Mark Chavhunduka and Ray Choto v
Zimbabwe as examples to support his argument that the courts in the
Respondent State are ineffective because they do not comply or
implement their decisions.
The Complainant adds that Zimbabwe
Lawyers for Human Rights has documented at least 12 cases since 2000 in
which the State has ignored court rulings. Hence, due to the above
reasons, it is the Complainant‟s submission that the Victim has no
prospect of success in pursuing local remedies in the Respondent State.
19
Communication 71/92 RHADDO v. Zambia (1996) ACHPR para 10.
20
n above para 12.
21
Supreme Court Ruling,( 132-2000).
21