the extension of time by Note Verbale dated 24 December 2013.
22. On 10 January 2014, the Complainant transmitted his Submissions on the Admissibility of the
Communication, which was duly acknowledged by the Secretariat through letter dated 17 January 2014,
and transmitted to the Respondent State the same day, for its Observations on the Submissions of the
Complainant.
23. On 19 March 2014, the Respondent State forwarded its Observations on the Admissibility Submissions
of the Complainant to the Secretariat, which was duly acknowledged by Note Verbale dated 25 March
2014, and transmitted to the Complainant also by letter dated 25 March 2014.
24. By letter transmitted via email on 14 April 2014, the Complainant informed the Secretariat of the
re-appointment of Professor Michelo Hansungule from the Centre for Human Rights, University of Pretoria
as his legal representative. The Complainant also requested for Provisional Measures in the same letter.
25. By letter dated 17 April 2014, the Secretariat acknowledged receipt of the Complainant's letter and
informed him that his request for Provisional Measures has been brought to the attention of the
Chairperson of the African Commission in accordance with Rule 98(2) of the Commission's Rules of
Procedure.
26. By email dated 30 April 2014, the Complainant forwarded his Response to the Observations of the
Respondent State on Admissibility, which was hand- delivered to the delegation of the Respondent State
on 6 May 2014 during the 55 th Ordinary Session of the African Commission, held in Luanda, Angola.
27. By letter dated 11 May 2014, the Secretariat acknowledged receipt of his Response to the
Observations of the Respondent State on Admissibility, and also informed him of the decision by the
Chairperson of the African Commission to decline his request for Provisional Measures.
28. On 22 May 2014, the Secretariat received letter dated 20 May 2014 from the Complainant for
information on why the Chairperson of the African Commission decided to decline his request for
Provisional Measures. The Complainant also informed the Commission by letter of 15 May 2014 of the
decision of the Lesotho Tax Tribunal and his inability to appeal the decision because of lack of means to
pay his lawyers.
The Law on Admissibility
The Complainant's submissions on Admissibility
29. The Complainant in his submissions on Admissibility, only addresses one of the seven requirements
under Article 56 , namely Article 56(5) on the exhaustion of local remedies. In the admissibility submissions.
30. The Complainant avers that following the refusal of the Ministry of Home Affairs and Public Safety to
swear him in as a citizen of Lesotho, he petitioned the Office of the Ombudsman, who after hearing the
various parties recommended he be sworn in within a month. The Ombudsman's recommendation was not
adhered to and the Complainant subsequently brought an urgent motion before the High Court of Lesotho
which in its Judgment, ordered among other things that he be sworn in.
31. The decision of the High Court of Lesotho was successfully appealed by the Ministry of Home Affairs
before the Appeal Court which found that the Complainant had lied about his date of entry into Lesotho and
was thus not qualified to be sworn in as a Citizen. Consequent upon the Court of Appeal Judgment, the
Complainant's citizenship and passport were revoked and he was prohibited from entering the territory of
Lesotho. 2
32. The Complainant submits that whilst in South Africa and following the revocation of his passport and
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