32. The
Respondent
State
submits
that
it
is
an
established
principle
that
a
Communication must comply with all the conditions laid down under Article 56
of the African Charter for it to be admissible. The Respondent State avers that the
Complainant has failed to comply with Articles 56(2) and 56(5) of the African
Charter.
33. In relation to Article 56(2), the Respondent State submits that compatibility with
the African Charter entails that a Communication should prove prima facie case of
violation
of specified
Articles,
failing
there
whic
can
be
no
Communication
before the Commission. The State further cit s the Commission's jurisprudence
in the
case
Samuel
of
T.
Muzerengwa and
110
Others
(Represented by Zimbabwe
Lawyers for Human Rigltts) v Zimbabuie, in which the Commission held that prima
facie
violation
of
presented
in
occurred.
The
human
the
the
provisions
Complaint
Complaint
rights
violation
show
should
has
said
is
that
be
to
a
one
occurred
if
have
occ
human
tnat
not
rred
rights
compels
"where
violation
the
contradicted
the
has
likely
conclusion
or
facts
that
rebutted
by
a
the
Respondent State."3
34. The
Respondent
references
to
State
Articles
submits.
2,
3,
that
5 and
7-,
it
while
does
the
Complainant
not substantiate
made
how
general
the
Articles
referred to have been violated. The State avers that the contents of the Complaint
is
limited
to
mere
allegations
aimed
at
attacking
the
intellectual
and
moral
integrity of-the Mauritian Courts, and materially fails to show how human rights
violations nave occurred.
35. The
Respondent
State
in
addition
avers
that
the
Complainant
is
using
the
Commission to re-litigate a matter which came to a rest in July 2012 when the
Judicial
Committee
of
application
for
sr.ecial
content
the
present
of
the
Privy
leave.
Council
The
refused
Respondent
Communication
is
to
State
similar
hear
the
further
to
that
Complainant's
submits
placed
that
the
before
the
Supreme Court of Mauritius in an appeal lodged by the Complainant as well as
in the appeal to the Judicial Committee of the Privy Council. The Supreme Court
held
that
refused.
there
The
was
no
merit
in
Respondent further
the
application
submits
that the
and
leave
was
accordingly
Communication,
b).;
.
R
3
Communication 306/05 - Samuel T. Muzerengwa and 110 Others (Represented by Zimbabwe Lawye
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