therefore,
we
are satisfied that this Court
does
have jurisdiction
to
entertain the Reference. We so hold.
32. With
regard
to the question
of time
limitation,
it is not
in dispute
herein that Act No.1/26 was enacted on 15" September 2014, neither
did the Applicants
enactment.
claim to have
been
unaware
of the said date of
It would appear that the crux of the matter is whether or
not the provisions of Rule 3(1)(d) of the Court's Rules of Procedure
apply equally to time
lines set by the Treaty as to those set by the
Rules themselves or by Court Order.
Rule 3(1)(d) provides:
“Any period of time fixed by these Rules or by any order
of the
Court
for
doing
any
act
would
otherwise
shall
be
reckoned
as
follows:
(d)
if a
period
Sunday
or an official holiday,
end
on
a Saturday,
it shall
be extended
until the end of the first following working day.”
33. On the other hand, Article 30(2) provides:
“The
proceedings
instituted
action
day
provided
within
two
complained
in
which
it
for in this
months
of the
Article
enactment
of, or in the absence
came
to
the
shall
thereof,
knowledge
be
... or
of the
of
the
complainant, as the case may be.”
34. The Court's Rules were promulgated
42(1) of the Treaty.
It reads:
‘The
Court
subject
to
which
regulate
the
shall,
detailed
Consequently,
Reference No.1 5 of 2014
conduct
under the provisions of Article
Court shall
the
of
make
provisions
the
business
of
rules of the
the
Treaty,
of the
Court.’
the Court’s Rules derive their legality and legitimacy
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