Vi.
ADMISSIBILITY
27.Pursuant
to Article
6(2)
of the
Protocol,
“the Court
shall
rule
on
the
admissibility of cases taking into account the provisions of Article 56 of the
Charter”.
In accordance
with
Rule 39(1)
of the Rules,
“the Court shall
undertake a preliminary examination of ... the admissibility of the Application
in accordance with Articles 50 and 56 of the Charter and Rule 40 of the
Rules.”
28. Rule 40 of the Rules, which in essence restates Article 56 of the Charter,
provides that:
Pursuant to the provisions of Article 56 of the Charter to which Article 6(2) of the
Protocol
refers,
Applications
to the
Court
shall
comply
with
the
following
conditions:
1.
disclose the identity of the Applicant notwithstanding the latter's request
for anonymity;
2.
comply with the Constitutive Act of the Union and the Charter;
not contain any disparaging or insulting language;
not be based
exclusively on
news
disseminated
through the mass
media;
5.
be filed after exhausting local remedies,
if any, unless it is obvious that
the procedure is unduly prolonged;
6.
be filed within a reasonable time from the date local remedies were
exhausted
or
from
the
date
set
by
the
Court
as
being
the
commencement of the time limit within which it shall be seized with the
matter; and
7.
not raise any
matter or issues
previously settled
by the parties
in
accordance with the principles of the Charter of the United Nations, the
Constitutive Act of the African Union, the provisions of the Charter or of
any legal instrument of the African Union.
29.While
parties,
some
the
of the
above
Respondent
conditions
are
State
raised
admissibility of the Application.
has
not in contention
two
(2)
between
objections
to
the
the