:·:::) AC H PR Human Rights our Collective Responsibility African Commission on . Human and Peoples' Rights 71. The Commission is also satisfied that based on the materials presented, the Communication is not exclusively based on media reports and therefore it complies with Article 56(4) of the Charter. 72. With respect to exhaustion of local remedies3, the Commission notes that whereas the conviction and disbarment occurred in 2003 and 2008 respectively, it is the motions lodged by the Complainant before the Supreme Court in 2011 for orders to re-open the criminal and disciplinary cases and what ensued afterwards that are critical. Those two motions sought to introduce allegedly exculpatory evidence and evidence of underlying covert circumstances that he alleges unjustly led to his conviction, and in turn his disbarment, which evidence was allegedly unknown to the Complainant at the time of his trial and disciplinary proceedings. 73. Significantly, the motions were dismissed by a full (five-member) bench of the Supreme Court dispatching its first instance jurisdiction Uuly 1, 2011 ruling), on the preliminary point that he could not initiate them in person as he had done. His request for permission to appeal to the JCPC on whether persons can initiate court proceedings in person was rejected by the JCPC which opined that his appeal did not raise arguable points of law of general public importance. 74. The Commission notes that the Supreme Court is the principal court of original civil jurisdiction,4 and may hear and determine all civil matters whether sitting as a Court of Appeal or in exercise of its original jurisdiction. 5 When exercising its original jurisdiction, the Supreme Court is constituted by a single judge.6 However the Chief Justice may on his or her own motion or upon an application made by a party direct that any case shall be heard by two or more judges, having regard to the magnitude of the interests at stake or the importance or intricacy of the questions of fact or law involved? 3 Article 56(5) of the Charter: " . . . Communications shall be considered if they . . . are sent after exhausting local remedies, if any, unless it is obvious that this procedure is unduly prolonged." 4 Courts Act 1945 of Mauritius, s. 34(1) "The Supreme Court shall be the principal court of original civil jurisdiction and shall exercise general powers of supervision over all District and Industrial Courts and other special courts established or which may be established in Mauritius". 5 Id, s.34(2) "In the exercise of civil jurisdiction, the Supreme Court may hear and determine all civil matters whether sitting as a Court of Appeal or in exercise of its original jurisdicti _ " 6 Id, s. 35 "Every proceeding in the Supreme Court and all business roceeding shall, save as � ti-��'t 11 0 . .., provided by this Act, be heard nnd disposed of by a single judge" �,. ">� Rf "?'4, �0-o � 7 Id, s. 36 . fief I� ': �',. Page 16 of 45 �. , AfrK:an(4t� union,, )�'. Afri in .<; 11m�n H � a11 �nd Peoples' Rights ':,3 'ilo A nne� La ut !l<drnbo North District, AU,IJ,• z;,,., • 1i 4. � l ast Region Gambia , ces �n � ·J �v,1.; '1,,. �Fax: (220) 441 05 04 <4 Pi?bne: 21tl) 230,43 ..,..J:k�µ.. , ,� I /'?•e.r ,' "1,,llJI; njul@africa-union.org �:·-�- - -·-.� ai:1-n https:/a chpr.au.i nt/0 0 D