submit its arguments on Merits. 34. By letter dated 18 May 2012, the Complainant was requested one last time to forward its submissions on the Merits. 35. During the 52nd Ordinary Session held from 9 to 22 October 2012 in Yamoussoukro Cote d' Ivoire, the Commission considered striking out the Communication but decided to defer it, to allow time for the Complainants to provide proof of having transmitted their argument on the Merit as indicated in their letter to the Commission. 36. By a letter dated 8 November 2012, the Commission made reference to the Complainants letter dated 17 August 2012, and request it to provide proof of having transmitted its submissions on the Merit to the Secretariat within 15 days of the Present letter. 37. There were email follow-ups and to date the Complainants have not provided proof or even try to submit a brief on their Merit argument. The Law on Admissibility The Complainant's Submissions on Admissibility 38. The Complainants submit that they have fulfilled all the seven requirements laid down in Article 56 of the African Charter. 39. They argue that it is clear from the face of the Communication that Article 56(1) of the African Charter has been complied with. 40. The Complainants have further argued that by promulgating the CAA, the Respondent State has violated Articles 1, 3, 7. 26 and 56(5) of the Charter and that because the amendment ousts the jurisdiction of the courts to determine legal challenges relating to property rights, the facts and issues in dispute falls within the rationae materiae and rationae personae of the Commission. 41. It is further submitted by the Complainants that Article 3 (g) and (h) of Constitutive Act of the African Union recognizes the importance of good governance, the rule of law, the consolidation of democratic institutions and the protection of rights and thus impose a duty on Member States to observe these norms. They contend that because their petition raises issues that are relevant to the afore-stated norms, the Communication is therefore within the scope of implementation and operation of the Constitutive Act. 42. It is also argued by the Complainants that the alleged violation has taken the form of a legislative amendment m contravention of Article 1 of the African Charter, which makes it mandatory for States Parties to implement the Charter's rights through legislative and administrative measures and that the Respondent State cannot rely on domestic legislation to flout their obligations arising from supra national commitments. 43. The Complainants argue that the Communication is not written in disparaging language and also not based exclusively on news disseminated through the mass media as the allegations are founded on an existing piece of legislation. 44. The Complainants argue that one of the purposes of the exhaustion of local remedies requirement is to give the domestic Courts an opportunity to decide on cases before they are brought to the international forum thus avoiding contradiction of law at domestic and international levels. 45. The Complainants based their arguments on the Commission's decision in the case of Social Economic Rights and Action Centre (SERAC) & Another V. Nigeria, the Complainants have argued that the ouster of jurisdiction provides an irrefutable and irrefutable presumption of non-availability of local remedies; that their only avenue of appeal had been foreclosed by the Amendment; and that the process amounts to a denial of effective remedy. 46. The Complainants argue that although Section 24 of the Zimbabwean Constitution provides for access to the Supreme Court when issues relating to the violation of the Bill of Rights arise, the Constitution makes no provision for the Complainants to challenge the introduction and subsequent enactment of the 17th Amendment. That any attempt to approach the Courts on the legality of the issue would have been impeded. 47. The Complainants also argue that the Communication was submitted within a reasonable time and that this matter has not been resolved nor is it pending before any other international settlement mechanism. 3