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114 Chinhamo v Zimbabwe (2007) AHRLR 96 (ACHPR 2007) those remedies since ‘it is generally incumbent on an aggrieved individual to allow the domestic courts the opportunity to develop existing rights by way of interpretation’. 14 In Article 19 v Eritrea, 15 the Commission held that it is incumbent on the complainant to take all necessary steps to exhaust, or at least attempt the exhaustion of local remedies. It is not enough for the complainant to cast aspersion on the ability of the domestic remedies of the state due to isolated incidences. 86. From the above analysis, this Commission is of the view that the complainant ignored to utilise the domestic remedies available to him in the respondent state, which had he attempted, might have yielded some satisfactory resolution of the complaint. 87. The third issue of contention between the complainant and the respondent state is the requirement under article 56(6) of the Charter which provides that: Communications ... received by the Commission, 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 of the matter. 88. The present communication was received at the Secretariat of the Commission on 26 September 2005. It was considered on seizure by the Commission in November 2005, that is, ten months after the complainant allegedly fled from the country. The complainant left the country on 12 January 2005. 89. The Commission notes that the complainant is not residing in the respondent state and needed time to settle in the new destination, before bringing his complaint to the Commission. Even if the Commission were to adopt the practice of other regional bodies to consider six months as the reasonable period to submit complaints, given the circumstance in which the complainant finds himself, that is, in another country, it would be prudent, for the sake of fairness and justice, to consider a ten months period as reasonable. The Commission thus does not consider the Communication to have been submitted contrary to sub-section 6 of article 56 of the Charter. 90. Lastly, article 56(7) provides that the communication must not deal with cases which have been settled by the states, in accordance with the principles of the United Nations, or the Charter of the OAU or the African Charter. In the present case, this case has not been settled by any of these international bodies and as a result of this, the requirement of article 56(7) has been fulfilled by the complainant. The African Commission finds that the complainant in this communication, that is, communication 307/05, Obert Chinhamo v the Republic of Zimbabwe, has not fulfilled the requirement under 14 Philip Leach, Taking a case to the European Court of Human Rights (2001) 79 (quoting Earl Spencer and Countess Spencer v United Kingdom, app nos 28851/95, 28852/95 (European Commission on Human Rights, 1998). 15 Communication 275/2003 [(2007) AHRLR 73 (ACHPR 2007)]. African Human Rights Law Reports
Chinhamo v Zimbabwe (2007) AHRLR 96 (ACHPR 2007) 115 article 56(5) of the African Charter, and therefore declares the communication inadmissible. African Commission on Human and Peoples’ Rights
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AFRICAN HUMAN RIGHTS LAW REPORTS 20
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CONTENTS Editorial User guide Abbre
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USER GUIDE The cases and findings i
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Nigeria Internet Law Reports www.ni
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x Table of cases Nigeria Inspector-
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SUBJECT INDEX This index is divided
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xiv Subject index Presumption that
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xvi Subject index Environment Inter
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xviii Subject index No legal remedi
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xx International instruments referr
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xxii International instruments refe
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xxiv International instruments refe
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xxvi International instruments refe
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INTERNATIONAL CASE LAW CONSIDERED U
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xxx International case law consider
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xxxii International case law consid
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UNITED NATIONS HUMAN RIGHTS TREATY
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4 Abbassi v Algeria (2007) AHRLR 3
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22 Njaru v Cameroon (2007) AHRLR 21
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30 Titiahonjo v Cameroon (2007) AHR
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36 El Dernawi v Libya (2007) AHRLR
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38 El Dernawi v Libya (2007) AHRLR
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Prince v South Africa (2007) AHRLR
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42 Prince v South Africa (2007) AHR
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Ben Salem v Tunisia (2007) AHRLR 54
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56 Ben Salem v Tunisia (2007) AHRLR
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Page 184 and 185: 150 Waweru v Republic (2007) AHRLR
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164 Waweru v Republic (2007) AHRLR
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166 Luboya and Another v State (200
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180 Inspector-General of Police v A
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190 Dzvova v Minister of Education,
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