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 7|P a g e