when he came to know of this evidence.
must
be submitted
within six (6) months
Further, the application for review
of the time when
the applicant
obtained such evidence.*
29.
The Court will examine the requirements of Article 28(3) of the Protocol
and Rule 67(1) of the Rules in tandem, beginning with the issue of the time
limit.
30.
As regards the filing of the Application within six (6) months of the discovery
of
new
evidence;
the
Court
notes
that
the
Applicant
alleges
that
he
discovered the evidence on or about 9 January 2020. The Court further
notes that the Application was filed on 4 March 2020; that is one (1) month
and twenty-four (24) days after the discovery of alleged new evidence.
31.
Therefore, the Court concludes that the Application has been filed within
the stipulated time and in accordance with Rule 67(1) of the Rules.
32.
As regards the condition of the discovery of new evidence, the Court notes
that
this
Application
Judgment
of 28 June
consideration
to
the
for
Review
2019.
is
submitted
in
In the circumstances,
supporting
documents
respect
of the
initial
the Court will limit its
that
accompanied
the
Application which would allegedly prove the violations of Articles 2 and 3 of
the Charter.
33.
The
Court
observes
that the
supporting
documents
filed,
include,
an
agreement between the Respondent State and the Shanghai Construction
3 Thobias Mang’ara and Shukrani Mango v United Republic of Tanzania, AfCHPR, Application No.
002/2018, Judgment of 4 July 2019 (Review), § 14. Chrystanthe Rutabingwa v Republic of Rwanda,
AfCHPR, Application No. 001/2018, Judgment of4 July 2019 (Review), § 14.
8