ACHPR African Commission on Human and Peoples' Rights Human Rights our Collective Responsibility 39. The Complainants submitted that, is no court superior to the Constitutional Court, its decision them in a position where they are without any other practical legal other than eviction. They further argued that it is no answer to say in circumstances that the case for the eviction of the Complainants must because waiting for the courts to evict them first before taking action to protect their rights would be illogical. They argued that they have no other tive remedies, due to the fact that the Municipality and the appellate have refused to assist them. They also claimed that if evicted, they will have shelter over their heads, and if not evicted, they will be condemned to ue Ii current inhumane circumstances without any relief in is aimed at a State 40. The Complainants further argued that ~"L...._."",..'-'''''L'''''~~'''+H,..... Party to the African Charter, because rnlE~~l'(leSr)Onla virtue of the provisions of the Housing Act 107 ty to deliver housing, which it has UUJ.",!,-<a pending case for their eviction. They Act of the La:L.LY+ .•U;U CTrn:r,p1.~nl'Y'I "set housing Respondent State, it is the policy, to set delivery. promote the capacity of provincial and . of Government in the Respondent State 'Tn'\lPT'n 41. ......... Charter, the Complainants <"submitted within a reasonable Court order dismissing their L""'i:..~f,;L<"L they submitted the Communication of three months after the dismissal of they appended to their submissions, of the Commission in August ClF·"'C¥J.l'.'Ll ..... ""~.LU'LI.LIL, }':(}:~j.: ,~J\ 42. S"\ Concern:iNg:'r~tticle'SQ(~);Hhe referred t6:1~nyother ijnternationaI 11'HTClc'1'1 I:\~f... Submissions of the'\]se,$llondent ]t~i5F ';''',;X 43, The Respondent State argued that the Article 56(2) of the African Charter Charter has taken place and that the the prima facie violation of rights in that the Communication is manifestly 44. The Respondent State submitted that: they have been evicted, and accommodation; (ii) at the present or settlement mechanism.