f,{"'f) ACHPR \. African Commission on Human and Peoples' Rights Human Rights our Collective Responsibility act of the African Union and the African Charter, as it pertains to alleged human rights violations that fall within the mandate of the African Commission. 4 21. The Complainant also stated that the communication does not contain any disparaging or insulting language, thereby satisfying the requirements under Article 56(3) of the African Charter. 5 It affirmed that the allegations are not based exclusively on mass media reports but rather on official decisions by governmental authorities, institutions, and courts of the respondent state.6 22. The Complainant asserted that it had exhausted local remedies, as required under Article 56(5) of the Charter, having litigated the matter before the High Court of South Africa, Limpopo Division, Polokwane, and subsequently before the Constitutional Court of South Africa. 7 The Complainant further submitted that they filed an urgent application in the High Court of South Africa, Limpopo Division, Polokwane, on 7 September 2021 , challenging the nationality requirement imposed by the Polokwane Municipality for participation in an art competition. 8 23. They submitted that on 16 September 2021 , the High Court struck the application from the roll for lack of urgency.9 The Complainant submits that they then approached the Constitutional Court of South Africa, seeking direct access and urgent relief to challenge the High Court's ruling. 10 However, on 22 September 2021, the Constitutional Court dismissed the Complainant's application, thereby concluding the domestic litigation process. 11 The Complainant submitted that the constitutional court's decision, as it is the highest judicial authority in South Africa, represented the exhaustion of local remedies. 12 24. It further added that the present communication was submitted to the African Commission on 16 February 2022, within six (6) months of the constitutional court's decision, thereby satisfying the requirement under article 56(6) of the Charter that it be filed within a reasonable time after the exhaustion of local remedies.13 The Complainant stated that the issues ra ised in this 4 See, respectively, ibid para. 18-19, para. 17-18 s Ibid, para. 20-21; also, para. 19-20 6 ibid, para. 22-23; also, para, 21-22 7 ibid, para . 24-25; also, para. 23-24 s ibid, para. 27; also, para. 25 9 ibid, para. 28; also, para. 27 10 ibid, para. 29; also, para. 28. 11 Ibid, para. 30; also, para. 29. 12 ibid, para. 31; also para. 30 13 ibid, para. 32-33; also, para. 32-33 4l 0 age A.fun Union ~ . ; (Cu ..... '; 0 Cl \ 'C ~ The African Commission on Human 31 Bijilo Annex Layout. West C Phone: (220) 230 4361 Fax: ( ° • ' • F>-' ~