/~F~'\ ACCommission H PonR ~ rC1 African Human and Peoples' Rights Human RightS our Collective Responsibility '(YmJ).~{I! systems and the complementarity systems. 56. nature of regional human rights protection The Commission finds substance in the Respondent State's arguments that the Complainant still has options within the domestic judicial system to have his case heard and give the domestic courts an opportunity to redress the alleged violations. That is apparent from the fact that, after the two applications were dismissed in the High Court and the Constitutional Court on the basis of procedure followed, the Complainant approach~d the Commission without exercising the options he still has open within thelpc~l judicial system, including the option to bring an application before the High Court through normal court rules, after it was found that his matter lacks urgency and could not be placed on the urgent relief court roll. In light of those fastp, the COmmission concludes that the Complainant still has options to have his ca~e}l.eard by domestic courts, by following the normal course of applications thorough ,the hierarchy of Courts as provided for in terms of, Section 166 of the',Gonstitllqon of the 'Respondent State before submitting his :EqmmunicatioR;tb the Commission, to avoid depriving the Respondent State'~ cQurts of ~riop~ortunity to ~a!dress the alleged ',i '" .' violations, as the principle of comple~nentaritY;;fequires . .' 4 .. . 57. The principle of complementarity requires the Commission not to act as a court of first instance or act as a substitute to the domestic judicial systems, but to give domestic courts an opportunity to hear and pronounce themselves on alleged violations before a Communication is received, unless the established grounds of deviation from, the requirement, of exhaustion of local remedies (unavailability, inefficiency and insufficiency) are alleged and proved, which is not the ~ase" ''",' present matter ~In cases where the Complainant still has case before local courts and decides to abandon those tter to the Commission,like in the present matter, the to apply the exhaustion of local remedies rule unication inadmissible in conformity with Article 56 (5) of the it finds in this matter. 58. Against that background and in light of such findings, the Commission concludes that the Complainant has not exhausted local remedies as required in terms of Article 56 (5) of the African Charter. Article 56(6) An ()I'~lan 01the Afriqan~) UnIOn'';ij~

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