20. Clarifying
Counsel
his submission
argued
on this issue
that whereas
before
the
Court,
Learned
Rule 3(1)(d) of the Court’s Rules was
applicable to time lines set by the said Rules or by Court Order, it was
inapplicable to time frames that were set by the Treaty.
Court’s Determination:
21. We
have carefully considered the pleadings of both
as their respective arguments in submissions.
observe that beyond the allegations made
was
made
to address
having been enacted
law would
30(2)
us on Act No.
run afoul of the two-month
on
We are constrained to
in the Reference,
no effort
in submissions.
Clearly,
in 2013, any purported action in respect of that
of the Treaty.
question
1/31
Parties, as well
limitation
As
quite
of
time limit prescribed
rightly argued
time
was
well
by
Mr.
settled
in Article
Kayobera,
in
the
Independent
Medico Legal Unit (supra) in the following terms:
“The Treaty does not contain any provision enabling the
Court to disregard
the time
that
does
Article
30(2)
limit of two
not
recognize
(2) months
any
and
continuing
breach or violation of the Treaty outside the two months
after a relevant
action
comes
to the
knowledge
of the
complainant.”
22. We
are most
respectfully bound
by the foregoing
decision
therefore, find any claim in respect of Act No.1/31 time barred.
and do,
In any
event, it is abundantly clear from the prayers in the Reference that the
law that is in issue in this Reference is Act No. 1/26. Consequently,
it
is to a consideration of the issues raised in respect of that law that we
now revert.
Reference No.1 5 of 2014
Page 8