42. The Applicant, for his part, argues that his application should be approached
and considered with particular attention. This is because although the
Respondent State deposited the Declaration on 29 March 2010, the
Applicant only became aware of the existence of the Court between late
2015 and early 2016, after a lengthy search outside the Respondent State’s
legal institutions.
43. The Applicant avers that the six (6)-month period should be applied with
great caution bearing in mind that he is a prisoner bereft of legal
representation. He submits that, the Court, upon examining all applications
filed before it by individuals, in particular prisoners detained at Butimba
Central Prison in Mwanza, will find that the establishment and existence of
the Court was brought to their knowledge between late 2015 and early 2016.
Accordingly, he submits that the present Application was filed within
reasonable time and should be entertained.
***
44. The Court notes that the issue before it is whether the time taken by the
Applicant to file the Application is reasonable, within the meaning of Article
56(6) of the Charter read together with Rule 50(2)(f) of the Rules
45. Under Article 56(6) of the Charter, restated in Rule 50(2)(f) of the Rules,
Applications must 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”. Notably, these provisions do not set a time-limit within which cases
must be referred to the Court.
46. The Court recalls its jurisprudence that: “… the reasonableness of the time
limit for its referral depends on the particular circumstances of each case
...”.13 The Court further recalls that some factors taken into account in
13
Norbert Zongo and Others v. Burkina Faso (merits) (24 June 2014) 1 AfCLR 219, § 92. See Thomas
v. Tanzania (merits), supra, § 73.
12