20. The Applicant submits that this objection should be dismissed, arguing that
he is not appealing the Constitutional Court’s decision. He explains that he
is rather requesting this Court to find a breach of the principle of equality
between men and women guaranteed by the international instruments
ratified by the Respondent State, including the Charter, which forms an
integral part of its Constitution.
***
21. The Court observes, in line with its jurisprudence, that it has material
jurisdiction to entertain any application provided that alleged violations are
of human rights protected by the Charter or any other relevant international
instrument to which the Respondent State is a party.3 In Armand Guéhi v.
United Republic of Tanzania, the Court held: “[o]n the objection that it is
called upon to act as a court of first instance, [the Court notes that], in
accordance with Article 3 of the Protocol, it has material jurisdiction insofar
as the application alleges a violation of the provisions of international
instruments to which the Respondent State is a party”.4
22. In the present case, the Court notes that the allegations made in the
Application relate to the violation of rights protected by the Charter and other
international human rights instruments. This is because the Applicant
alleges that the provisions of Article 6(1)(3) and (4) of the Law of 24 August
2004 violate Articles 3 and 18(3) of the Charter, Article 2 of the Maputo
Protocol5, Article 3 of the ICCPR6, and Articles 2 and 16(1) of CEDAW7,
human rights instruments ratified by the Respondent State, which it is
empowered to apply in accordance with Article 3 of the Protocol.
3
Kenedy Ivan v. United Republic of Tanzania (merits and reparations) (28 March 2019) 3 AfCLR 48, §§
20-21; Nguza Viking (Babu Seya) and Johnson Nguza (Papi Kocha) v. United Republic of Tanzania
(merits) (23 March 2018) 2 AfCLR 287, § 36.
4 Armand Guehi v. United Republic of Tanzania (merits and reparations) (7 December 2018) 2 AfCLR
477, § 31.
5 The Respondent State ratified the Protocol on the Rights of Women in Africa on 28 January 2005.
6 The Respondent State ratified the ICCPR on 12 March 1992.
7 The Respondent State ratified the CEDAW on 12 March 1992.
7