g)
Do not deal with cases which have been settled by those States
involved in accordance with the principles of the Charter of the
United Nations, or the Constitutive Act of African Union or the
provisions of the Charter.
32. In the present case, the Respondent State has raised objections to the
admissibility of the Application based on non-exhaustion of local remedies
as well the reasonableness of time that the Applicants took to file the
Application. The Respondent State’s objections will now be addressed
seriatim thereafter the Court will consider other conditions of admissibility, if
necessary.
A. Objections to admissibility
i.
Objection based on non-exhaustion of local remedies
33. The Respondent State argues that the Applicants failed to exhaust available
domestic remedies before filing this Application. According to the
Respondent State, the Applicants could have filed an application for review
of the Court of Appeal’s decision or they could have filed a constitutional
petition under the Basic Rights and Duties Enforcement Act to challenge the
alleged violation of their rights which they did not do.
*
34. In their Reply, the Applicants submit that an application for review of the
Court of Appeal’s decision was neither necessary nor mandatory as “the
final appeal process in criminal trials lies as of right in the court of appeal of
Tanzania which the applicants proved that they had accessed.” The
Applicants also submit that “an application for review is an extraordinary
remedy because the granting of leave by the court of appeal of Tanzania to
lodge an application for review of its decision is based on specific grounds
and is grants as the discretion of the court of appeal …” The Applicants
10