c)
Are not written in disparaging or insulting language directed
against the State concerned and its institutions or the African
Union;
d)
Are not based exclusively on news disseminated through the
mass media;
e)
Are sent after exhausting local remedies, if any, unless it is
obvious that this procedure is unduly prolonged;
f)
Are submitted within a reasonable time from the date local
remedies were exhausted or from the date set by the Court as
being the commencement of the time limit within which it shall be
seised with the matter; and
g)
Do not deal with cases which have been settled by those States
involved in accordance with the principles of the Charter of the
United Nations, the Constitutive Act of the African Union or the
provisions of the Charter.
35. The Court notes that the Respondent State raises two (2) objections to the
admissibility of the Application. The first relates to the failure to exhaust local
remedies and the second relates to whether the Application was filed within
reasonable time.
A. Objection based on non-exhaustion of local remedies
36. The Respondent State argues that, contrary to Rule 40(5) of the Rules of
the Court,12 the Application was instituted prematurely. The Respondent
State avers that the Applicant neither pursued the remedy of filing a
constitutional petition before the High Court pursuant to Article 13(6) of the
Constitution of Tanzania (1977) nor applied for the review of the Court of
Appeal decision to redress the alleged violation of his right to be heard.
37. In the Reply, the Applicant contends that he exhausted local remedies
before filing the Application. In his view, instituting a constitutional petition
would be untenable considering that a single judge assigned to adjudicate
12
Rule 50(2)(e) of the Rules of the Court, 1 September 2020.
11