the requirements under article 56(1) , (2) , (3) , (4) and (7) raise no contentious issues and require no
further examination. The Commission considers that the Communication meets these requirements and will
assess further, the conformity of the Communication with the requirement under Article 56(5) and (6) of the
Charter.
37. Article 56(5) allows the Commission to consider a Communication after the Complainant has exhausted
local remedies, if any, unless it is obvious that this procedure is unduly prolonged. The rationale of this rule
has been clarified in the Commission's jurisprudence as a means of giving the state notice and affording it
the opportunity of remedying a violation that has occurred in its territory, using its own local mechanisms,
before its international responsibility can be called into question. 10
38. The Commission has also held that the generally accepted meaning of local remedies, which must be
exhausted prior to any Communication/Complaint procedure before the Commission, are the ordinary
remedies of common law that exist in jurisdictions and normally accessible to people seeking justice. 11 The
Commission has also held in Alfred Cudjoe v Ghana , 12 and reaffirmed in Good v Botswana , 13 that the
internal remedy to which Article 56(5) refers entails a remedy sought from courts of a judicial nature.
39. The Commission notes the Complainant's submission that proceedings were initiated at the domestic
level regarding the ban on the participation of political parties in elections. The Commission has
ascertained from the evidence adduced that the local courts indeed had an opportunity to deal with the
matter in the case of Jan Sithole N. O (in his capacity as a Trustee of the National Constitutional
Assembly) v The Government of Swaziland , 14 (the Sithole Judgment) in which the Supreme Court of
Swaziland delivered its judgment on 21 May 2009, upholding the ban on the participation of political parties
in elections. The Commission also that that the Supreme Court is the highest court in the hierarchy of
Courts in Swaziland.
40. Since it is not in dispute that the Supreme Court of Swaziland is the Respondent State's Court of final
jurisdiction, the Commission considers that there were no other remedies left to be exhausted given that
the subject matter in the Communication before the Commission and that of the Sithole judgment is the
same. Consequently, the Commission holds that local remedies were duly exhausted.
41. Regarding submission of the Communication within a reasonable time, Article 56(6) provides that
Communications shall be considered if they are submitted within a reasonable period from the time local
remedies are exhausted or from the date the Commission is seized with the matter . The present
Communication was received at the Secretariat of the Commission on the 24 April 2012. From the
Complainant's submissions, local remedies were exhausted in May 2009 when the Supreme Court of
Swaziland handed down its judgment. This gives an interval of thirty four (34) months when the
Complainants released that there were no further remedies to exhaust after the Sithole Judgment was
handed down and the submission of the Communication to the African Commission.
42. Unlike in the other regional human rights instruments, notably the American Convention on Human
Rights and the European Convention for the Protection of Human Rights and Fundamental Freedoms
which all consider the period of six months 15 as a reasonable period within which Complaints must be
submitted after the exhaustion of local remedies, the African Charter has no such period. The Commission
by virtue of its mandate under Article 45 of the Charter therefore interprets this provision on a case by case
basis taking into consideration its duty to promote and protect human rights as laid down in the Charter.
43. The African Charter empowers the Commission to, in interpreting the provisions of the Charter, draw
inspiration from various sources of law including legal precedents, doctrine, customs and practices
consistent with international norms on human rights. 16 Accordingly, the Commission in interpreting the
provision of Article 56(6) in Michael Mujuru v Zimbabwe17 stated as follows:
Going by the practice of similar regional human rights institutions, such as the Inter-American Commission
and Court and the European Court, six months seem to be the usual standard. This notwithstanding, each
case must be treated on its own merit. Where there is good and compelling reason why a Complainant
could not submit his/her complaint for consideration on time, the Commission may examine the complaint
5