Nixon Nyikadzino v Zimbabwe Charter, do lead to the conclusion that a human rights violation has likely occurred, and hence prima facie case proved. 72. Having proved the existence of prima facie violation of the Charter, it becomes obvious that the African Commission has the rationae materiae jurisdiction to entertain the case. However, the African Commission finds it necessary to pronounce itself on this issue particularly because this is an argument repeatedly raised by the Respondent State on decided cases and those that are pending before the Commission21. 73. As it is pointed out by the Respondent State itself, rationae materiae jurisdiction is defined in Mr. Obert Chinhamo v Zimbabwe as "by reason of the matter involved; in consequence of, or from the nature of, the subject matter"22. The issue involved in the present case is an alleged violation of the provisions of the African Charter by a State Party, which squarely fits into the rationae materiae jurisdiction of the African Commission. Thus, the argument raised by the Respondent State that the issue does not fall within the rationae materiae jurisdiction of the African Commission is not tenable. 74. In light of the above, the African Commission finds that the Communication complies with Article 56(2) of the Charter. 75. On the requirement of exhaustion of local remedies, the Complainant concedes that it has not exhausted or even attempted to exhaust local remedies, but pleads the African Commission to waive such requirement based on the principle of constructive interpretation of the exhaustion of local remedies rule for the following three reasons: i. The Victim was forced to flee Zimbabwe out of a generalized fear for his life, and liberty, and that he is still in exile; 21 For decided cases see Mr. Obert Chinhamo v Zimbabwe and Michael Majuru v Zimbabwe. The same argument is raised in Communication 351/2007- Givemore Chari v Republic of Zimbabwe, which by the time this decision was taken was also finalized. 22 Mr. Obert Chinhamo v Zimbabwe, para. 39. 18 11 th Extraordinary Session of the ACHPR I P age