reasonableness of the time for bringing a case before it depends on the
particular circumstances of each case and that it must determine this on a
case-by-case basis14. In the present case, the Court takes the date of the
Constitutional Court’s decision, that is, 1 February 2018, as the date on
which the time limit for bringing a case before it begins to run. Between this
date and the date of referral to the Court on 10 May 2018, three months and
ten days elapsed. The Court finds that the period of three months and ten
days between the exhaustion of local remedies and the filing of the
application is manifestly reasonable, within the meaning of Rule 50(2)(f) of
the Rules.
46. Finally, the Court notes that the present case does not concern a matter that
has already been settled by the Parties in accordance with the principles of
the United Nations Charter, the Constitutive Act of the African Union or the
provisions of the Charter. The Court declares that the condition set out in
Rule 50(2)(g) of the Rules is satisfied.
47. In light of the foregoing, the Court holds that the instant application fulfils all
the admissibility requirements under Rule 50(2) of the Rules and,
consequently, declares the application admissible.
VII. MERITS
48. The Applicant alleges that the provisions of Article 6(1)(3) and (4)15 of the
Law of 24 August 2004 violate the right to equality between men and women
as it provides that only the father can give his surname to the child, thereby
excluding that of the mother. He contends that by so legislating, the
14
Beneficiaries of the late Norbert Zongo and Others v. Burkina Faso (preliminary objections) (21 June
2013) 1 AfCLR 197, § 121; Alex Thomas v. United Republic of Tanzania (merits) (20 November 2015)
1 AfCLR 465, § 73.
15 Article 6 paragraphs 1, 3 and 4: "A legitimate child bears the surname of its father. ….In the event of
simultaneous recognition by both parents, the child bears the father's name. If the father recognises the
child in the last position, the child will take his name. However, if the child is over fifteen (15) years of
age, his or her consent will be required ..."
13