reasons put forward to justify the prolongation of the remedy in order to determine
whether the prolongation is normal or abnormal.
55. From the analysis of the arguments of the Complainants, it appears that the
procedure for domestic remedies is unduly prolonged, particularly in the light of
eight years of proceedings already gone by at the lower courts in addition to two
years of seizure at the Supreme Court for which a hearing date is yet to be
scheduled. Furthermore, considering that the sole purpose of the application to the
Supreme Court is to rule on a question of constitutionality before referring the case
to the lower courts for examination on the merits, it is clear that there is a lack of
expediency in the handling of this case, which in this case constitutes an abnormal
extension of the remedies.
Reasonable time
56. Finally, with regard to the requirement in article 56(6) of the African Charter that
the Communication must be "submitted within n reasonable time after the exhaustion
of domestic remedies or idler the duh' on which the Commission considers that the Hme
limilfor the submission of the Communication lms expired". Having already established
the fact that appeals are abnormally prolonged, the Commission should confirm
whether the time limits for submissions meet its criteria.
57. The African Charter only provides that communications must be submitted
"within a reasonable time" which is not defined. The Commission acknowledged
in Communication 308/05-Michael Majuru v. Zimbabwe", that "six ruontlls seems
to be the usual standard" for bringing a case before the Commission after the
exhaustion of domestic remediesl5. But it also emphasised that each case must be
dealt with on its own merits, stating that if there are valid and compelling reasons
for the Complainant not to be able to submit his or her complaint within the time
limit, the Commission may consider the complaint in order to ensure fairness and
justice 16
58. In the case at hand, the Complainants indicated that they had filed a complaint
with the Commission six months after being informed that the Public Prosecutor's
Office had not given its opinion in the appeal procedure before the Supreme Court,
contrary to the law in force.
~°
ll Communication 308/05 Michael Mnjum v. ZinIbuhwc (2008) ACI IPR Para 109
15 Communicalion 308/05 -Mirharl Mnjum v. Zimbabwe (2008) ACI IPR Para 109
16 ibidem
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