ACHPR
African Commission on
Human and Peoples' Rights
38.
Human Rights our
Collective Responsibility
A Communication submitted in terms of Article 55 of the African Charter on
Human and Peoples' Rights must satisfy seven requirements of Article 56 to be
declared admissible. The conditions outlined in Article 56 are cumulative and
should all be adequately fulfilled for a communication submitted in terms of
Article 55 to be admissible. Consequently, non-fulfillment of any of those
conditions will render a Communication inadmissible.' Taking into
consideration the submissions by the Complainant and the Respondent State as
narrated herein above, the Commission will conduct an analysis, based on the
seven requirements for admissibility as stipulated by Article 56 of the African
Charter.
Article 56(1)
39.
The requirement under this provision is that "Coriimunications relating to
Human and Peoples' Rights ... received by the Commisslon shall be considered
if they indicate their authots,' ~ven if: the la.lt~r reque~t::anonymity ... " The
requirement here is ~at compl~in~nts Ol~\a~tRorsof complaihts proffer their
identity' and contact Cl¢tails4to enable the Commission to adequately process the
communication thr;9ugh'assurances of continued.interest in the matter.'
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This Communication was submitted by Advocate Shadrack Tebeile, acting on
behalf of Mr. Phillip Nkosikhona Simelane, who have all adequately identified
themselves and have all submitted their contact details as required for purposes
of processing this Communication. Therefore, the Commission is satisfied that
the Communication has complied with Article 56(1) of the African Charter.
Article 56 (2)
41.
2
Article 56(2) 0 ·:~p.eAfrican Charter provides 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."
Communication
3 Communication
4
Communication
304/2005 - FIDH & Others v Senegal (2006) ACHPR para 38
308/05: Michael Majuru v Zimbabwe, 24 November 2008, para 71.
70/92_9:
Ibrahima Dioumessi, Sekou Kande, Ousmane Kaba v Guinea, 7 Oc
11.
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