accordance with the provision of the Law Reform (Fatal Accident and Miscellaneous Provision) Act. 26. The Court recalls that by virtue of Article 3 of the Protocol, it has material jurisdiction so long as “the Application alleges violations of provisions of some of the international instruments to which the Respondent State is a party”.2 In the instant matter, the Applicants allege violations of rights guaranteed in the Charter and in other international human rights instruments ratified by the Respondent State.3 27. In light of the above, the Court dismisses the Respondent State’s objection and holds that it has material jurisdiction. 28. Noting that nothing on record shows that it does not have jurisdiction in respect of other aspects of its jurisdiction, the Court holds that it has: i. Personal jurisdiction, given that the Respondent State is a party to the Protocol and had deposited the Declaration under Article 34(6) thereof, which entitled the Applicants to access the Court in terms of Article 5(3) of the Protocol. In reference to paragraph 2 of this judgment, the Court recalls that it has held that the withdrawal of the Declaration does not have any retroactive effect and has no bearing on matters pending prior to the filing of the instrument withdrawing the Declaration, or on new cases filed before the withdrawal takes effect.4 This Application, having been filed before the withdrawal took effect, is thus not affected by it. 2 See Nguza Viking (Babu Seya) and Johnson Nguza (Papi Kocha) v. United Republic of Tanzania (merits) (23 March 2018) 2 AfCLR 287, § 36. 3 The Respondent State became a State Party to the Charter on 21 October 1986, to the African Children’s Charter on 9 May 2003, to the Maputo Protocol on 7 May 2007, to the African Youth Charter on 21 March 2013, to CEDAW on 19 September 1985, to CRC on 10 July 1991, to ICESCR on 11 September 1976, to ICCPR on 11 September 1976 and to Convention against Discrimination in Education on 3 April 1979. 4 Andrew Ambrose Cheusi v. United Republic of Tanzania, §§ 35-39. 9