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Human Rights our
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Human and Peoples· Rights
communication have not been previously settled by the parties under any
international or regional legal mechanism. 14
25. The Complainant concluded that the communication satisfies all admissibility
requirements under Article 56 of the African Charter and should be declared
admissible by the African Commission on Human and Peoples' Rights. 15
The Respondent State's Submission
26. The Respondent State submitted that the communication does not meet the
admissibility requirements under Article 56 of the African Charter.16 It never
contested the Complainant's identity and acknowledges that the Complainant
has been disclosed in accordance with Article 56(1) of the African Charter. 17
27. The Respondent State submitted that the communication is incompatible with
the African Charter and, therefore, fails to satisfy the requirement under Article
56(2). It argued that the issues raised in the communication fall outside the
scope of the African Charter as they pertain to domestic administrative
requirements rather than fundamental rights violations.18 The Respondent State
asserted that the communication contains unsubstantiated claims and political
overtones, which, in its view, render it incompatible with the objectives of the
African Charter and further challenge the requirement under Article 56(2) of the
African Charter. 19
28. The Respondent State contended that the Complainant used disparaging and
insulting language in its submissions, violating Article 56(3) of the Charter. It
argues that the Complainant's allegations against state institutions and the
judiciary amount to an unsubstantiated attack on South Africa's legal framework
and are therefore disparaging in terms of Article 56(3) of the African Charter.20
29. It further submitted that the Complainant's allegations are based on media
reports and opinionated narratives rather than factual evidence, failing to meet
the requirement under article 56( 4) that communications must not be based
exclusively on news disseminated through mass media. 21
30. The Respondent State argued that the Complainant had not exhausted local
remedies, as required under Article 56(5) of the Charter. It notably submitted
that the Complainant's case was struck off the roll by the High Court for lack of
urgency, meaning the merits were never considered further, t.'h~~~
..!
....
Complainant failed to pursue alternative remedies such as re-filing
on a non-urgent basis before the High Court or seeking redres
14 Ibid, para. 34-35; also, para. 34-35
15 ibid,
16 See respondent States' Su bmission on admissibility, para. 1
17 Ibid, para. 3
18 ibid,para. 5
19 ibid, para. 6
20 ibid, para. 8
21 ibid, para. 10
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The African Commission on Human and Peoples' Rights
31 Bijilo Annex Layout. Kombo North District,
West Coast Region Gambia
Phone: (220) 230 4361 Fax: (220) 441 05 04
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