00a22?
44. Consequently,
the Court dismisses the Respondent State's objection to the
admissibility of the Application for failure to exhaust the local remedies.
il.
Objection based on failure to file the Application within a reasonable
time
45. The Respondent State contends that the Applicant did not file his Application within
a
reasonable time
as prescribed by Rule 40(6) of the Rules. Citing the
Commission's jurisprudence in Communication No. 308/05: Michael Majuru
v.
Zimbabwe before the African Commission on Human and Peoples' Rights, the
Respondent State argues that international jurisprudence considers reasonable
time as being 6 months. Consequently, since the Applicant filed his Application
two (2) years and eight (8) months after the Court of Appeal of Tanzania's
Judgment of 5 August 2013, this Court has to consider this time frame as
unreasonable and declare the Application inadmissible.
46.The Applicant refutes the Respondent State's argument and contends that despite
the fact that he is a lay man in matters of law, he was not afforded legal
representation before the domestic courts, and it was therefore impossible for him
to have an idea as to the existence of this Court and of issues of procedure and
deadlines. ln conclusion, he prays the Court to admit and hear his Application by
virtue of the powers conferred on it.
***
47.The Court reaffirms that Article 56(6) of the Charter, like Rule 40(6) of the Rules,
does not lay down any specific timeframe for seizure.o The Rules of Court simply
stipulate that cases must be filed "within a reasonable time from the date local remedies
v. United Republic of Tanzania (hereinafter referred to as "Christopher Jonas v Tanzania Judgment'). para.
44.
6 Christopher Jonas v. Tanzania Judgment. op. cit. para. 36
L2
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