AC PR African Commission on Human and Peoples' Rights Human Rights our Collective Responsibility "the Republic of South Africa" as ondents, the Commission recognizing that its jurisdiction is limited to State to the African Charter, became seized of the present Communication I in relation to the Republic of South Africa. This position is reflected in: the name of the Communication, the Commission's communications to I Parties, as well as the parties' various submissions on Admissibility. 71. Article 56(5) of the African Charter that "Communications". received by the Commission shall be considered they '" are sent after exhausting local remedies, if any, unless it is obvious this is unduly prolonged." t state must This requirement is premised on the the framework of first have an opportunity to redress by its own domestic legal system, the individual." 10 72. On the other hand, the have been exhausted, in view protection of their rights with alternative and . they should not be not been granted. State has declared-tlfat appeal againstf!~Jj~~~;r \~'<J 73. The Complaipents also as there is no court superior to the ~6:tilhpl'Y1 in a position that they have no Constitutional.Court, its decision remedy and f~ce.\\possibleeviction, attached to the complaint, relevant decisions of the', 'nq~ional court~>; the High Court, through to the Co~~ii.Y#QpalC011rt~u~eSl;;'f,\ ,':~sB, I and D annexed to the Complaint). \;;~\ "~:'~::~;::', .• '>'" '/;", ;:0: 74. In the 'E!esent:<;~s.e",the Respondent argued that the Complainant has not exhaust~8\~9fuestitir;'~~E:!dieS as the Application is still pending in the national eqprts. Whi!,~tthe Resp State contended that local remedies are available t6',·tJ::te Complainants, it has shown how the local remedy indicated to be avail~Qle;. would sufficiently redress the rights alleged by the Complainantsitto have been violate 'sufficient' if it is capable of redressing I point, the Commission finds that the onus to show that the local remedy it is 75. In this regard, the Commission notes national courts which is referenced 10 Purohit & Anor v The Gambia (2003) AHRLR 96 2003) para 25.