B. Personal Jurisdiction
35. The Court notes with respect to its personal jurisdiction, that as earlier stated
in this Judgment", the Respondent State is a party to the Protocol and on 29
March 2010, filed the Declaration prescribed under Article 34(6) of the Protocol
through which it accepted the jurisdiction of the Court to receive applications
from individuals and Non-governmental Organisations with Observer Status
before the African Commission on Human and Peoples’
36.The
Court
also
notes
that
on
21
November
2019
Rights.
the
Respondent
State
deposited with the Chairperson of the African Union Commission an instrument
withdrawing its Declaration.
37.With
respect
to the
effects
of the
withdrawal,
the
Court
recalls
that the
withdrawal of a Declaration deposited pursuant to Article 34(6) of the Protocol
does
not have any
retroactive effect."
Furthermore,
the withdrawal
has
no
bearing on matters pending prior to the filing of the withdrawal, as is the case
with the present Application.
38. In regard to the date of entry into force of the withdrawal, the Court reaffirms
its ruling in the above cited /ngabire case that such a withdrawal takes effect
twelve (12) months after the filing of the instrument of withdrawal.
39. Similarly, based on its decision in the Ingabire Case cited above, the Court
holds that the withdrawal of the declaration by the United Republic of Tanzania
will take effect on 22 November 2020.
40.
In light of the foregoing, the Court finds that it has personal jurisdiction to
examine the present Application.
© See paragraph 2 above.
4 Ingabire Victoire Umuhoza v. Republic of Rwanda (jurisdcition)(2014) 1 AFCLR
13
540 § 67.