B. Other conditions of admissibility
40. The Court notes that there is no contention regarding the conditions set out
in Rule 50(2)(a), (b), (c), (d), (e) and (g) of the Rules. Nevertheless, it must
satisfy itself that these conditions have been met.
41. From the record, the Court notes that, the Applicant has been clearly
identified by name in fulfilment of Rule 50(2)(a) of the Rules.
42. The Court further notes that the claims made by the Applicant seek to
protect his rights guaranteed under the Charter. It further notes that one of
the objectives of the Constitutive Act of the African Union, as stated in
Article 3(h) thereof, is the promotion and protection of human and peoples’
rights. Nothing on file indicates that the application is incompatible with the
Constitutive Act. Therefore, the Court holds that the requirement of Rule
50(2)(b) of the Rules is met.
43. The language used in the application is not disparaging or insulting to the
Respondent State and its institutions or to the African Union in fulfilment of
Rule 50(2)(c) of the Rules.
44. The application is not based exclusively on news disseminated through
mass media as it is founded on record of the proceedings of the domestic
courts in fulfilment with Rule 50(2)(d) of the Rules.
45. With regard to Rule 50(2)(e) of the Rules, the Court notes that it requires
that Applicants must exhaust local remedies before seizing the Court.
46. In the instant case, the Court notes from the record that the Applicant
having been convicted at the District Court of Nzega filed an appeal against
his conviction and sentence to the High Court, which dismissed his appeal
on 9 August 2011. He then appealed to the Court of Appeal of Tanzania,
the highest judicial organ of the Respondent State, which on 10 March
2014, upheld the judgment of the High Court.
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