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“To meet the exhaustion requirement normal recourse should be
had by an applicant to remedies which are available and sufficient
to afford redress in respect of the breaches alleged. The existence
of the remedies in question must be sufficiently certain not only in
theory but in practice, failing which they will lack the requisite
accessibility and effectiveness.”
82.2 The 2nd Applicant contends that he has exhausted local judicial
remedies since the judgment of the Court of Appeal, which is the final
court, set aside the judgments of the High Court that had declared the
prohibition of independent candidates unconstitutional. The 1st Applicants
argued that it was not necessary for them to institute an action
challenging this prohibition as the outcome would have been the same.
The Respondent did not join issue on the 1st Applicants’ argument.
However, the Respondent argues that the parliamentary process with
which the constitutional review process is connected, is also a remedy
which the Applicants should have exhausted.
82.3 The term local remedies is understood in human rights
jurisprudence to refer primarily to judicial remedies as these are the most
effective means of redressing human rights violations. That the 2nd
Applicant has exhausted local judicial remedies is not in dispute.
The Respondent, having not joined issue on the 1st Applicants’
argument that they need not have instituted an action challenging the