~'"1\ ACHPR J • • (Jn.un ,, African Commission on Human and Peoples' Rights Human Rights our Coll ect ive Responsi bility if any, unless it is obvious that this procedure is unduly prolonged." The Commission requires exhaustion of local remedies where they are 'available, effective and sufficient to redress the alleged violation. '26 An available remedy is one where 'the petitioner can pursue it without impediment' .27 An effective remedy will be one that 'offers a prospect of success. '28 A remedy will be sufficient 'if it is capable of redressing the complaint.' 29 55. The Commission recalls that an effective remedy will be one that 'offers a prospect of success', 30 and 'upon success, the appropriate relief is one that is capable of adequately and timely redressing the specific violation suffered'. 31 It should also be noted that a prospect of success of a remedy need not be 'certainty or guarantee of a favourable outcome for the complainant' but simply an assurance of full and fair examination of the legal issues and arguments. 32 In determining the propensity of a remedy to offer real prospects of success the Commission will assess the nature of the complaint, the 'general legal and political context' of the remedies, and the complainant's personal circumstances.33 56. The Complainants argue that they exhausted local remedies when they approached the Constitutional Court which is the highest Court in the Respondent State. The Respondent State contends that the Complainants did exhaust local remedies because the matter of Counselling services for the Complainant and the claim for monetary compensation was never deliberated on by the Courts of the Respondent State. Further, that the Complainant still had to approach the Registry of the Constitutional Court for a court order on the undertaking of the Limpopo Department of Education and Ministry of Education to fund the Complainant's Counselling services. 57. The Commission will now turn to examine the litigation that happened in High Court case No: 7515/2020 and Constitutional Court case of CCT297/20. The Commission notes that the in the Respondent State's Courts, the Complainant alleged a violation of the right to education due to being prevented from taking his examination and prayed for a timely re-sit, as well as for the Respondent State to carry the costs of his counselling services. In the present Communication, the Complainant alleges a violation of his rights to attain the best possible state of physical a·n~ mental health 26 Communication 147/95-149/96: Sir Dawda K. Jawara v Gambia (The), 11 May 2000, para 31. t-1 HUM;z~ Communication 317 / 2006 - The Nubian Communit y in Kenya vs The Republic of Kenya, 30 9"2~~~pa\'i¾}~,,, 28 Commun icat ion 147/95-149/96: Sir Dawda K. Jawara v Gambia (The), 11 May 2000, para ~"' ' ~-----"'c< 29 Communication 147/95 -149/96: Sir Dawda K. Jawara v Gambia (The), 11 May 2000, para { \ 3 Commun ication 147/95-149/96: Sir Dawda K. Jawara v Gambia (The), 11 May 2000, par . ..., , 0 ~ 31 Communication 445/13 - Human Rights Council and Others v. Ethiopia, 19 May 2016 I:' : 32 Communication 445/13 - Human Rights Council and Others v. Ethiopia, 19 May 2016 ~ (),? "--: 33 Com municat ion 445/13 - Human Rights Council and Others v. Ethiopia, 19 May 2016 iS>a .______,, :-<-'? c-, , ( i,,. I',, ,i..-RICAl~t ~ ~"'<, / 9 I,~,: g e 041Mf ET ocs ~\:.~ 27 ° Afncan r'\) Un10n • ✓ The African Commission on Human a es ' Rights 31 Bijilo Annex Layout. Kombo North District, West Coast Region Gambia Phone : (220) 230 4361 Fax: (220) 441 05 04 F m~i l • :::111-h~ni11lfm~frir~-1 minn nrn .I