codsde"
103' Article 7(1Xd) of the Charter provides that "Everyone shau have the right to have
his
cause heard. This comprises: ... d) The right to be tried within a reasonable time
by an
impartial court or tribunal".
104. The court notes that, while civil case No. 119 of 2oo7 was filed in september
2007,it was heard only in september 2010 and judgment was detivered on 2
January 2014. Therefore, it took the High court a period of six (6) years and four
(4) months to complete the Applicant's case relating to the legality of his
stay in
Tanzania. The issue for determination is whether that time is reasonable within
the meaning of Article 7(1Xd) of the Charter.
105. Before making that determination, the
court must consider the Respondent
state's contention that the Applicant caused part of the delay by amending his
initial application in August 2010 and severally requested the recusat of the
Judges handling the matter. ln that respect, the Court first considers that the
Applicant cannot be sanctioned for merely exercising his rights by amending the
applications and calling forthe Judges' recusals. second, the Respondent state
does not provide justification for why the case was not completed between the
date of its filing in september 2007 and when the Applicant caused the
proceedings to start afresh in september 2010, a period of about three (3) years.
106. consequently, if the case started afresh in septembe r 2o1o as the Respondent
state submits, and judgment was delivered on 2 January 2014, ittook the High
Court six (6) years and four (4) months in totalto complete the matter. This Court
will therefore make its determination on the basis of that timeframe.
107. When it comes to assessing reasonable time in the administration of justice,
this
Court has adopted a case-by-case approach, based on severalfactors, including
the Respondent state's behavior, especially the operation of its courts.zo
108. In the instant matter, this Court observes that the Respondent State had already
arrested and detained the Applicant for illegal residence in 2006, which is seven
20
See A/ex Thomas v. Tanzania (Merits), SS 100-1 10. See also, Buchholz v. German y (Merits),
no
7759177, S 49, ECHR, 6 May 1981; Abuba
v. Ghana Communication 103/93 (2OO 0) AHRLR 124
'n
(ACHPR 1996), SS 10-12. See atsopeau
v. France,24 nov. 1994, where the Eu ropean Court of
Human Rights found in violation o eC vention long delays in proceedings before the
the French
Conseil d'Etat
26