.~CHP~. \
AC H p R
/'; African Commission on
Hurnan Rights our
" ~ Human and Peoples' Rights
Collective Responsibility
remedy and can pursue it without impediment. 35 The Complainant is legally
represented and should therefore have effectively exhausted all known and
available local remed ies through the assistance of his representatives.
63. The Commission notes that, indeed , according to the South African legal system ,
the Complainant had the option of approaching the Labour Court for relief to get
his Persal Number unblocked. However, he did not utilise this procedure.
64. Furthermore, the South African Uniform Rules of Court grant a Respondent in a
motion proceeding to enroll a matter for hearing on the roll if the Applicant in a
matter fails to apply for the date. While this may be an unlikely occurrence on the
part of the Respondent, who may not have any direct interest in ensuring the
finalisation of this matter, it buttresses the notion that there were other available
avenues the Complainant could have benefited from, in exhausting domestic
remedies , before approaching the Commission.
65. In any event, the Commission takes cognisance of the fact that the Complainant
did not actively prosecute his claim from the beginning to justify his cases being
heard on an urgent basis. This situation arose after his dismissal in 2004. However,
the Complainant did not actively and urgently prosecute the matter until 2021.
Instead , he relied on unofficial information from third parties as opposed to
following due process. The Complainant should have followed the proper court
proceedings and exhausted all local remedies . There was no apprehension of any
injustice in exhausting local remedies, which would warrant an exception to the
mandatory rule .
66. In Obert Chinhamo v Zimbabwe, the Commission drew inspiration from the UN
Human Rights Committee which stated that "the mere fact that a domest_ic remedy
is inconvenient or unattractive, or does not produce a re
35 Communication 147/ 95 and 149 / 96 - Sir Dawda K
Jawara v. Gambia (2000) _
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