ACHPR African Cornmissinn on Human and Peoples' Rights Human Rights our Collective Responsibility 54. The Commission will now turn to examine whether the litigation that happened in High Court case file 31884/ 2015, in the Supreme Court case of SCA 354/19 and Constitutional Court case of CCT162/19, and which is the source of this Communication is indicative of the fact that local remedies had been exhausted. 55. The Commission notes that the Complainants filed an application for leave to appeal at the Constitutional Court, being the highest Court in the Respondent State. The Commission further notes that this application was dismissed on substantive grounds, which is that it did not bear any prospects of success, in addition to the other two grounds of lack of urgency and jurisdiction. The dismissal of an application for leave to appeal on the grounds that it bears no prospects of success is peremptory, it has the effect of extinguishing the claim and bringing finality to the procedure. The Commission takes the opinion that the Complainants exhausted local remedies. Article 56(6) of the Charter 56. Article 56(6) of the Charter states that Communications relating to human and Peoples' Rights ... shall be considered if they: are submitted within a reasonable period from the time local remedies are exhausted, or from the date the Commission is seized with the matter." The Complainants in this case received judgment from the Constitutional Court on the 29 th July 2019 and their Complaint was received by the Secretariat on the 23 rd September 2019. The Commission considers this to be a reasonable time and finds that the Communication complies with Article 56(6) of the Charter. Article 56(7) of the Charter 57. Article 56(7) of the Charter states that "Communications relating to human and Peoples' Rights ... shall be considered if they: do not deal with cases which have been settled by these states involved in accordance with the principles of the Charter of the United Nations, or the Charter of the 25 Organization of African Unity or the provisions of the present Charter." The rule is based on the non bis in idem and res judicata rules. 31 The Commission has previously found in Luke Munyandu Tembani and Benjamin John Freeth (represented Tjombe) v Angola and Thirteen Others that the provision requir 31 Communication 260/02 : Bakweri Land Claims Committee v Cameroon, 4 December 2004, HI Page Afun~\ Union\..!:, The African Commission on Human a 31 Bijilo Annex Layout. K West Goa Phone: (220) 230 4361 Fax: ( Fm;1il · :::111-h~ni, 1ftn);::afrir-.:=:1-11ninn nrn