18. On 3 March 2015, the Complainant submitted on the Merits of the
Communication, which was transmitted to the Respondent State on 6 March 2015.
19. On 23 June 2015, the Respondent State submitted on the Merits, which was
forwarded to the Complainant on the same day.
20. The Commission deferred consideration on the Merits of the Communication
from its 57th Ordinary Session to the 27th Extra Ordinary Session.
The Law on Admissibility
Submissions of the Complainant
21. The Complainant submits that the Communication satisfies all the Admissibility
requirements contained in Article 56 of the African Charter and presents
arguments in support of that submission.
22. On Article 56(1) of the African Charter, it is the Complainant’s submission that
the Communication complies with the requirement of identity, and that no
request for anonymity was made. The Complainant argues therefore, that the
Communication satisfies the requirements in Article 56(1) of the African Charter.
23. In relation to Article 56 (2) of African Charter, the Complainant contends that the
Communication raises issues that are within the scope of the implementation and
operation of the Constitutive Act of the African Union (AU) as well as the African
Charter. Accordingly, the Complainant argues that the Communication satisfies
the requirement in Article 56(2) of the African Charter.
24. Regarding Article 56 (3) of the African Charter, the Complainant submits that the
requirement is met because the Communication is not written in disparaging
language which is disrespectful of the State’s institutions or the organs of the AU.
25. With regards to 56 (4) of the African Charter, the Complainant submits that the
Communication is based on existing operational laws such as the Electoral Act of
Zimbabwe and the Constitution of Zimbabwe. The Complainant therefore
contends that the facts are not based exclusively on news disseminated through
the mass media and that the Communication satisfies the requirements of Article
56(4) of the African Charter.
26. In relation to Article 56 (5) of the African Charter, the Complainant submits that
local remedies are non-existent and unavailable because “the provisions
complained of are provided for in the Constitution of Zimbabwe and as such
there are no prospects of success in litigation before the domestic courts”. The
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