the issues raised by the Respondent State would be tabled before the Commission during its 45th Ordinary Session scheduled for 13 to 28 May 2009, in Banjul, The Gambia. 17. At its 45th Ordinary Session held 13 to 27 May 2009, in Banjul, The Gambia, the Commission decided to defer the consideration of the Communication to the 46th Ordinary Session of the Commission and informed both parties appropriately on 3 June 2009. 18. On 12 August 2009, the Respondent State acknowledged receipt of the Commission's Note Verbale and requested for a further extension of time to the 30 September 2009 to enable the Government finalise its submissions. On 18 August 2009, the Respondent State further requested for a copy of the admissibility decision which was forwarded to it on 20 August 2009. 19. The request for extension of time was granted on 6 May 2013 and the Respondent State was requested to submit its argument on Merits on or before 8 June 2013 in time for consideration during the 54th Ordinary Session. 20. At its 46th Ordinary Session held from 11-25 November 2009, in Banjul, The Gambia, the Commission further decided to defer the consideration of the Communication to its 47[supp]th[/sup] Ordinary Session. Both parties were informed of the Commission's decision on 14 December 2009 and also the decision to give the Respondent State another chance to make its submissions on the Admissibility (there was a mistake in this regard since the pending submissions were on Merits and not Admissibility) of the Communication. By Note Verbale dated 9 March 2010, the Respondent State acknowledged receipt of the Commission's Note Verbale of 14 December 2009. In their Note Verbale, the Respondent State noted that the Commission may be well intentioned in trying to accommodate the Respondent State however it reiterated its concern that it was not heard with regards to the Admissibility decision. It subsequently pointed out that the deferral to allow it one last chance to make submission on Admissibility was not understood since the Commission had already ruled that the Communication was Admissible. It also stated that leaving the Republic of Botswana out of the Admissibility decision was a serious procedural mistake. In this regard, the process before the Commission lack legitimacy and it would not acquiesce to the proposition put forward by the Commission. 21. At its 47th Ordinary Session held from 12-26 May 2010, in Banjul, The Gambia, the Commission decided to defer the consideration of the Communication to its 48th Ordinary Session to allow the Respondent State one last chance to make its submissions on the Merits. On 25 June 2010, both parties were informed of the decision of the Commission and the Respondent State was requested to submit its arguments on the Merits within two months on or before 29 August 2010. On 6 October 2010, the Respondent State sent an email to the Secretariat of the Commission indicating that it had not received responses from the Commission regarding its previous notes particularly the note dated 16 July 2010, which was faxed to the Commission. 22. On 23 May 2011, the Commission notified both parties that it intends to decide the Communication on Merits based on the submissions of the Complainants only, as the Respondent State had failed to make its submissions despite repeated appeals. Similar reminders were sent on 3 May 2012, 9 September 2012 and 7 November 2012. 23. During its 52nd Ordinary Session held from 9 to 22 October 2012, the Commission decided to defer the consideration of the Communication and informed both parties on 8 December 2012. Other correspondences to the Respondent State were made on 23 May 2013 and 24 August 2015. Provisional Measures 24. At the time of their original submission, the Complainants also invoked the powers of the African Commission under rule 111 to the effect that it requests the Government of Botswana not to take any action that will cause irreparable harm to Mr. Ping, until his case had been heard by the Commission. Due to technical difficulties it was experiencing in transmitting the request for Provisional Measures by fax to the Office of the President of the Republic of Botswana, a scanned copy of the request for Provisional 3