34. The Court also notes that the Applicant’s claims seek to protect his rights
guaranteed under the Charter. It further notes that one of the objectives of
the Constitutive Act of the African Union, as stated in Article 3(h) thereof, is
the promotion and protection of human and peoples’ rights. Furthermore,
nothing on file indicates that the Application is incompatible with the
Constitutive Act of the African Union. It therefore holds that the requirement
of Rule 50(2)(b) of the Rules is met.
35. The Court further finds that the language used in the Application is not
disparaging or insulting to the Respondent State and its institutions or to the
African Union, in fulfilment of Rule 50(2)(c) of the Rules.
36. The Court also observes that the Application is not based exclusively on
news disseminated through mass media as it is founded on record of the
proceedings of the national courts in fulfilment with Rule 50(2)(d) of the
Rules.
37. With regard to Rule 50(2)(e) of the Rules on the exhaustion of local
remedies, the Court reiterates its case law that “the local remedies that must
be exhausted by the Applicants are ordinary judicial remedies”,6 unless they
are manifestly unavailable, ineffective and insufficient or the proceedings
are unduly prolonged.7
38. It emerges from the record that the Applicant having been convicted of
murder at the High Court on 27 October 2016, appealed to the Court of
Appeal of Tanzania, the highest judicial organ of the Respondent State,
which on 4 September 2018, dismissed his appeal. Consequently, the
Applicant exhausted all the available domestic remedies and the Application
complies with Rule 50(2)(e) of the Rules.
6
Mohamed Abubakari v. Tanzania (merits) (3 June 2016) 1 AfCLR 599 § 64. See also Alex Thomas v.
Tanzania (merits) (20 November 2015) 1 AfCLR 465, § 64; and Wilfred Onyango Nganyi and 9 Others
v. Tanzania (merits) (18 March 2016) 1 AfCLR 507, § 95.
7 Lohé Issa Konaté v. Burkina Faso (merits) (5 December 2014) 1 AfCLR 314, § 77. See also Peter
Joseph Chacha v. Tanzania (admissibility) (28 March 2014) 1 AfCLR 398, § 40.
9