000505 6. Be filed within a reasonable time from the date local remedies were exhausted or from the date set by the Court as being the commencement of the time limit within which it shall be seized with the matter; and 7. Not raise any mater or issues previously settled by the parties in accordance with the principles of the Charter of the United Nations, the Constitutive Act of the African Union, the provisions of the Charter or of any legal instrument of the African Union." 36. While some of the above conditions are not in contention between the Parties, the Respondent State has raised an objection regarding the exhaustion of local remedies. A. Condition of admissibility in contention between the Parties 37. The Respondent State contends that the Application does not meet the admissibility conditions stipulated under Articles 56(5) of the Charter, Article 6 of the Protocol and Rules 40 (5) of the Rules on exhaustion of local remedies. 38. The Respondent State argues that the Applicant has not made use of the local remedy provided for under the Constitution of the United Republic of Tanzania. ln this regard, the Respondent State submits that its Basic Rights and Duties Enforcement Act, which was enacted for the enforcement of the rights and duties provided for under Part lll of its Constitution, provides for a procedure for enforcement of constitutional rights such as those the Applicant alleges were violated. The Respondent State avers that the Applicant howeverfailed to pursue this remedy before seizing the Court. 39. The Applicant states that he has been unsuccessful in his attempts to ensure that his basic rights as provided for under Articles 12 to 29, under Part lll of the Constitution of the United Republic of Tanzania are respected, because of the unaffordable costs of filing constitutional petitions at the High Court of Tanzania. 10 q' s

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