19.As the Court has held, the withdrawal of a Declaration deposited pursuant to Article 34(6) of the Protocol does not have any retroactive effect and it also has no bearing on matters pending before this Court prior to the deposit of the Declaration, as is the case with the present Application.’ Further, any such withdrawal of a Declaration only takes effect twelve (12) months after the instrument of withdrawal is deposited and the Respondent State’s withdrawal will, therefore, take effect on 22 November 2020. 20. In light of the foregoing, the Court finds that it has personal jurisdiction to examine the present Application. 21.With regard to its material jurisdiction, the Court has consistently held that Article 3(1) of the Protocol confers on it the power to examine any application provided it contains allegations of violation of the rights protected by the Charter or any other human rights instrument ratified by the Respondent State concerned. Further, the Court notes that, in accordance with Article 7 of the Protocol, it "shall apply the provisions of the Charter and any other relevant human rights instrument ratified by the State concerned." In the present matter, the Applicant alleges the violation of rights guaranteed above, the in Articles 1, 2, 3 (2), and 7(1)(a) of the Charter. As noted Respondent State is a party to the Charter and to the Protocol. Consequently, the Court finds that its material jurisdiction is established. 22.In relation to temporal jurisdiction, the Court holds that the relevant dates, in relation to the Respondent State, are those of entry into force of the Charter and the Protocol as well as the date of depositing the Declaration under Article 34(6) of the Protocol. 23. The Court observes that the violations alleged by the Applicant stem from article 41(7) of the Respondent State’s Constitution. The Court also observes that this 1 Ambrose Cheusi v. United Republic of Tanzania, AfCHPR, Application No. 004/2015, Judgment of 26 June 2020 (merits and reparations) §§ 37-39. See also, Ingabire Victoire Umuhoza v. Republic of Rwanda (jurisdiction) (2016) 1 AfCLR 562. 6

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