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
seized 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, or the Constitutive Act of the African Union or the
provisions of the Charter.
A. Objections to the admissibility of the Application
34. The Respondent State raises four objections to the admissibility of the
Application, namely: on the non-exhaustion of local remedies, on the basis
that the Application was not filed within a reasonable time, on the basis that
the matter has already been settled and on non-compliance with the
Constitutive Act of the African Union. The Court will therefore examine the
said objections before considering other aspects of admissibility if
necessary.
i.
Objection based on non-exhaustion of local remedies
35. The Respondent State avers that the Applicants have not exhausted local
remedies as mandated by Article 56(5) of the Charter and Rule 50(2)(e) of
the Rules.
36. It contends that a case challenging Section 148(5) of the CPA at the
domestic courts was filed by Dickson Paul Sanga at the High Court of
Tanzania. The Respondent State further contends that the aforementioned
case was decided by the High Court in favour of Dickson Paul Sanga but it
was reversed on appeal by the Court of Appeal. Dickson Paul Sanga
subsequently filed a petition for review of the Court of Appeal case (Dickson
10