83. The Court recalls that, as it has previously held, undue delay in proceedings
is contrary to the spirit and letter of Article 7(1)(d) of the Charter and, when
it is seized with an alleged violation of the right to be tried within a
reasonable time, it takes into consideration the nature and circumstances of
each case.
84. To that end, the Court takes into consideration, in particular, the complexity
of the case or the proceedings relating thereto, and the conduct of the
parties themselves in order to determine whether they contributed to the
expeditious handling of the said proceedings. The Court also considers the
conduct of the judicial authorities to determine whether they “have been
passive or clearly negligent”13 as well as what was at stake for the Parties.
85. In the instant case, the Court notes that after the stay of the judgment
dismissing AGEF’s appeal, the Minister of Justice, by letter dated 14
October 2010, instructed the Supreme Court Prosecutor General to refer
the matter to the joint Chambers of the said Court for settlement. The Court
also notes that the Prosecutor General never initiated the procedure for
convening the joint Chambers until 21 June 2016 when, upon referral by the
Applicants, the President of the Supreme Court quashed the Order staying
execution of the judgment of 9 April 2009.
86. The Court considers that a period of five (5) years, eight (8) months and
seven (7) days elapsed without the Prosecutor General initiating referral to
the joint Chambers. This period amounts to undue delay for such a simple
procedure insofar as Section 32 of the Supreme Court Act does not
prescribe any requirement that would make the procedure complex thereby
warranting such a lengthy period.
13
Hamisi Mashishanga v. United Republic of Tanzania, ACtHPR, Application No. 024/2017, Judgment
of 1 December 2022 (merits and reparations), § 66; Mariam Kouma and Ousmane Diabaté v. Republic
of Mali (jurisdiction and admissibility) (2018) 2 AfCLR 237, § 38; Alex Thomas v. United Republic of
Tanzania (merits) (20 November 2015) 1 AfCLR 465, § 73; Zongo and Others v. Burkina Faso (merits),
supra, § 92.
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