30. Accordingly, the Court dismisses the Respondent State’s objection and
holds that it has material jurisdiction to consider the present Application.
B. Other aspects of jurisdiction
31. The Court notes that its personal, temporal and territorial jurisdiction are not
contested by the Respondent State. Nonetheless, in line with Rule 49(1) of
the Rules,8 it must satisfy itself that all aspects of its jurisdiction are fulfilled
before proceeding.
32. In relation to its personal jurisdiction, the Court recalls as indicated in
paragraph 2 of the judgment that the Respondent State is a party to the
Protocol and deposited the Declaration under Article 34(6) of the Protocol
with the Chairperson of the African Union Commission. Subsequently, on
21 November 2019, it deposited an instrument withdrawing its Declaration.
The Court recalls its jurisprudence that the withdrawal of the Declaration
does not apply retroactively and only takes effect twelve (12) months after
the notice of such withdrawal has been deposited, in this case, on 22
November 2020.9 This Application having been filed before the Respondent
State deposited its notice of withdrawal, is thus not affected by it.
Consequently, the Court holds that it has personal jurisdiction.
33. In respect of its temporal jurisdiction, the Court notes that all the violations
alleged by the Applicant are based on proceedings arising from the decision
of the judgments of the High Court and Court of Appeal rendered on 6
August 2010 and 28 November 2011, respectively, that is, after the
Respondent State had ratified the Charter and the Protocol, as well as
deposited the Declaration. Furthermore, the alleged violations are
continuing in nature since the Applicant remains convicted on the basis of
what he considers to be an unfair process. Consequently, the Court holds
that it has temporal jurisdiction to examine this Application.
8
9
Rule 39(1) of Rules of Court, 2 June 2010.
Cheusi v. Tanzania (judgment), supra, §§ 35-39.
10