ACHPR African Commission on ~ Human and Peoples' Rights Human nights our Collective Flesponsil1ilily a condition of the presentation of an international claim is founded upon, amongst other principles, the contention that the Respondent State must first have an opportunity to redress by its own means within the framework of its own domestic legal system, the wrong alleged to have been done to the individual." 49. The above was further succinctly summed up in Nixon Nyikadzino (represented by Zimbabwe Human Rights NGO Forum) v, Zimbabtoe.t? where the Commission stated that" the African Commission through its jurisprudence made it clear that the whole purpose of asking Complainants to ,e)$ha\lstlocal remedies before approaching the Commission is to give the ~~~spondentState a chance to redress the alleged human rights violations througH\f~~~strucllires and organs. This is derived from the principle of complementarity w~ch dictates that international or regional mechanisms do not and cannot substitute national courts; it is only when national courts or tribunals fail to deliver justice that international or regional organs will have jurisdiction to receive cases. This is why the African Commission has been stringently applying the exhaustion oflocal remedies rule and only in few justified circu~s\~~pceshas it waived such condition." 50. In the present; matter, the Complainant argues that he brought applications before the High Court and the Constitutional Court which were all dismissed, therefore he h~s exhausted local remedies as required in terms of Article 56 (5) of the AfricaniGharter, while the. Respondent State is of the view that the Complainant ha§::hotexhausted Iocal'remedies, as he still has options within the domestic judicial$ystem to have his case heard, but he decided not to pursue or exercise those options, and instead submitted his Communication to the Commission. The basis and essenpe of the Respondent State's arguments is that the Complainant's case before the local courts - in the High Court and the Constitutional(:8,urt - was only ruled on issues of procedure but the Courts were not given ani£Pp~rtunity to hear the case on merits, which is an option that the Complainantsfill has through normal court procedures and processes. The Complainant does not refute that argument in his submissions, but remained resolute in his contention that he has exhausted local remedies because he has approached the High Court and the Constitutional Court which is the highest court of the land, both having dismissed his applications. 0 51. Section 166 of the Constitution of the Republic of South Africa provides that the court system consists of Magistrate's Courts, the High Courts, the Supreme Court of Appeal, and the Constitutional Court. The Respondent State subIDits ~ ~UI.;t,~ ~\~~~~·lA'" ----------- "'O'~ N(~~;\ ~~~~~b:ue~i~:~~O~:.40/07- Nixon Nyikadzino (represented by Zimbabwe Human Rights NG~~~t91l11'u)~~ _~14rAI101~al~"(tl\e rfp J~ ,.', Afn~anfi'ii:'~ Union ~!i The African Commission 12 :~f'l u· Ill;>: '~~ H@'nfln a~'CI.p~{Ples' R~h~ 31 Bijilo Annex Layout, Kombo Noi;th (;)_J,slr,lct, \NesL~~;/~gi9n Phone: (220)'130~§."~cW{4fO~ Email: 1 ~1 aU-~~4~f&>,a-~~'&R.tIll-R'9fl~9rg ''''011. • {'(.\, /. 'h«~Hiill}u)nUOo D ~ \II~ "".. ,