Nixon Nyikadzino v Zimbabwe 50. The Respondent State argues that the Complainant states that the "Communication details violations of Articles 1, 4, 5, 6 and 10 of the Charter", without actually giving any details of how the articles were violated, adding that the facts raised in the Communication do not show prima Jacie violations of the provisions of the Charter alleged. This means, the Respondent State argues, that basically the facts and issues on the dispute do not fall within the rationae materiae jurisdiction of the Commission. The Respondent State submits that in Communication 307/2005, the Commission has defined rationae materiae jurisdiction. 51. On the requirement of exhaustion of local remedies under Article 56(5) of the Charter, the Respondent State contends that the Complainant should have attempted to access all available remedies at the domestic level, including judicial and administrative remedies without any success before he or she becomes eligible to approach the Commission for redress. 52. In response to the Complainant's submission that because the Victim was forced to flee from the country, he was unable to pursue local remedies, the Respondent State avers that Section 24(1) of the Constitution of Zimbabwe provides that: If any person alleges that the Declaration of Rights has been, is being or is likely to be contravened in relation to him (or, in the case of a person who is detained, if any other person alleges such contravention in relation to the detained person), then, without prejudice to any other action with respect to the same matter which is lawfully available, that person (or that other person) may, subject to the provisions of subsection (3), apply to the Supreme Court for redress. 53. The Respondent State submits that it is not a legal requirement for the Complainant to be physically present in the country in order to access local remedies. Both the High Court Act (Chapter 7:06) and the Supreme Court Act (Chapter 7:05), permit any person to make his application to either court through his or her legal practitioner. Section 50(1) BI llth Extraordinary Session of the ACHPR Page