ACHPR African Commission on Human and Peoples' RirJhts Hu,T1an Flights our Collective Responsibility 33. The Complainant avers that he brought an urgent application to the High Court of South Africa, Limpopo Division, on 3 September 2021 under Case Number 6403/2021. On 28 September 2021, the High Court decided that the matter was not urgent. Consequently, the Complainant approached the Constitutional Court on 29 September 2021 under Case Number CCT 302/2021 and sought an order for direct access on an urgent basis. However, on 13 October 2021, the Constitutional Court dismissed the application on the basis that it was not urgent. As a result, the complaint meets the requirements of Article 56(5) of the African Charter on admissibility. 8 34. The Complainant submits that the Constitutional Court delivered its Order on 13 October 2021, and the complaint was subsequently filed before the end of February 2022, a period of less than five (5) months. The complaint was filed within the permissible threshold for a reasonable time and, therefore, satisfies the requirements in Article 56(6) of the African Charter.9 35. Finally, the Complainant argues that the issues raised in his complaint have not been settled by any other entity, in accordance with the principles of the Charter of the United Nations, the Constitutive Act of the African Union, or the provisions of the African Charter as provided for in Article 56 (7) of the African Charter. 10 Respondent State's Submissions on Admissibility 36. The Respondent State did not delve into detail concerning most of the requirements under Article 56 of the African Charter but primarily foe fifth requirement under Article 56(5) of the African Charter on th local remedies. 8 Complainant's Observations on Admissibility and Merits, para 28 to 37. 9 Complainant's Observations on Admissibility and Merits, para 38 and 39. 10 Complainant's Observations on Admissibility and Merits, para 40 and 41. 8

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