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AC HPR
African Commission on
Human and Peoples' Rights
Haman Rights o"'
Collect ive Responsibility
petitioner does not, in itself, demonstrate the lack or exhaustion of all effective
remedies ."36 While the Complainant sought his cases to be heard on an urgent
basis, the fact that proceeding on the normal court roll would not have been
favourable to him , as this would not be as expeditious as he had hoped, did not
render the local remedies unavailable or duly exhausted. The dismissal of both
cases in the High Court and the Constitutional Court was done on procedural as
opposed to substantive grounds.
67. Finally, the Commission reiterated in Rencontre Africaine pour la defense des
droits de /'homme v Zambia that when a government 'argues that the
Communication should be declared inadmissible because local remedies have not
been exhausted , this government has the responsibility of proving the existence of
such remedies .' 37 The Commission contends that the Respondent State has
successfully proven the existence of remedies at the Complainant's disposal.
68. In view of the above, the Commission concludes that the Complainant has not
exhausted domestic remedies and that this Communication fails to meet the
requirements of Article 56 (5) of the African Charter.
Article 56(6)
69 . With regards to the time limit for lodging a complaint, Article 56(6) of the African
Charter provides that communications are to be admitted if they are submitted
within a reasonable time , following the exhaustion of domestic remedies or the
date set by the Commission for the counting of the time limit for admissibility before
the Commission itself.
36
Communication 307 / 05: Obert Chinharno v Zimbabwe, (2007) ACHPR, para 84.
Africaine pour la defense des droits de l'ho
~
37 Communication 71/92: Rencontre
ACHPR, para 12.
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