Article 56(2) of the Charter requires that the Communication be consistent
with the Constitutive Act of the African Union or with the African Charter. In
the light of the Constitutive Act, the African Commission does not receive a
communication brought before it requesting a measure contrary to any
provision of the Constitutive Act. Thus, in Katangese People's Congress v.
Zaire, an action that infringed the doctrine of uti possidetis juris under Article
3 of the OAU Charter, now Article 4 (b) of the Constitutive Act, was dismissed
by the African Commission, and the Communication declared inadmissible.
250. Recalling that the African Commission reiterated this position in the case
of Law Society of Zimbabwe and Others v. Zimbabwe, the Respondent
State submits that the Application, in its entirety, is incompatible with the
Constitutive Act.
*
251. The Applicant State did not address this objection in its submissions.
252. At the hearing, the Applicant State prayed that the objection be dismissed,
arguing that the Respondent State clearly confuses issues of jurisdiction
with those of admissibility.
253. Referencing the Court's judgment in Mohamed Abubakari v. United
Republic of Tanzania, the Applicant State submits that an application is
compatible with the Constitutive Act and the Charter when the violations
alleged therein can be examined in the light of these instruments and clearly
do not fall outside their scope. According to the Applicant State, it also
follows from the Court's jurisprudence that an application is compatible with
these instruments if it is formulated in such a way as to achieve the
objectives stated therein.
*
254. In Response, the Respondent State submits that its objection should be
allowed since, in its written submissions, the Applicant State has not refuted
its arguments.
58
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