48. Article 56(1) of the African Charter states that "Communication relating to Human
and Peoples' Rights ... received by the Commission shall be considered if they indicate their
authors even if the latter request anonymity ... " The Complaint received by the
Commission indicates the authors and its legal representatives. The Commission
therefore holds that the requirement under Article 56(1) of the African Charter is
fulfilled.
49. Article 56(2) of the African Charter states that "Communications ... received by the
Commission shall be considered if they are compatible with the Charter of the Organization
of African Unity or with the present Charter." The present Communication sets out
Articles of the African Charter alleged to have been violated (Articles 1, 3(1) & (2),
7(1) & 7(1) (c)& (d), 17(1), 19, and 26). The Communication is brought against the
Republic of South Africa, a State Party to the African Charter which it ratified on
9 July 1996. The Commission therefor~ holds that the requirements under Article
56(2) have been fulfilled.
·,
50. Articled 56(3) of the African Charter states that "·Communications .. .received by the
Commission shall be considered if they are not written in disparaging or insulting
language directed against the State concerned and its institutions or to the Organisation
of African Unity now African Union (AU)".The Commission is of the view that the
language used in the present Communication is not written in disparaging or
insulting language directed at the State, its 'institutions or the AU and for these
reasons, the Commission finds that the requirements of Article 56(3) of the African
Charter have been complied with.
51. Article 56(4) of the African Charter states that" Communications relating to human
and Peoples' Rights ... shall be considered if they are not based exclusively on news
disseminated through the mass media" There is no evidence in this Communication
which indicates that the allegations contained therein are based exclusively on
news disseminated through the mass media. The evidence provided is based on
the decisions by the authorities, institutions and court proceedings of the
Respondent State. For these reasons, the Commission finds that the requirements
of Article 56(4) of the African Charter have been fulfilled.
52. Article 56(5) of the African Charter states that "Communications relating to human
and Peoples' Rights ... shall be considered if they: are sent after exhausting local remedies,
if any unless it is obvious that this procedure is unduly prolonged". The Complainant
submits that the matter has been heard throughout the local courts in the
Respondent State to the highest court, namely the Constitutional Court. According
to the Complainant, the fact that the matter has been adjudicated by the
Constitutional Court means that the matter has been adjudicate by the highest
court of the Respondent State and domestic remedies have been exhausted i ~ with Article 56(5) of the African Charter. The Respondent State on it par .,)., ~fs.'"~;,i,
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