B. Other aspects of jurisdiction
26. The Court notes that the Parties do not contest the other aspects of its
jurisdiction and nothing on record indicates that it lacks jurisdiction.
Nonetheless, in line with Rule 49(1) of the Rules, the Court must satisfy
itself that all aspects of its jurisdiction are met before proceeding.
27. In relation to its personal jurisdiction, as stated in paragraph 2 above, the
Respondent State deposited the instrument of withdrawal of the Declaration
under Article 34(6) of the Protocol on 21 November 2019. The Court has
held that such withdrawal does not apply retroactively. Therefore, it has no
bearing on matters pending before the Court prior to the filing of the
instrument withdrawing the Declaration or new cases filed before the
withdrawal took effect, being a period of one (1) year after the deposit of the
notice of withdrawal, that is, on 22 November 2020.
28. Concerning its temporal jurisdiction, the Court notes that the alleged
violations are based on the Resident Magistrate Court’s judgment of 8 April
2005 and the Court of Appeal’s judgment of 29 April 2010. The Court also
notes that although the two (2) decisions were delivered after the
Respondent State had ratified the Charter and the Protocol, the former
judgment was delivered before the Respondent State deposited the
Declaration under Article 34(6) of the Protocol.
29. This Notwithstanding, the Court further notes that the alleged violations are
continuing in nature, as the Applicant remains convicted and is awaiting
execution of the death sentence imposed upon him by the Resident
Magistrate Court at Mwanza, on the basis of what he considers an unfair
process.6 Accordingly, the Court holds that it has temporal jurisdiction with
respect to the instant Application.
6
Tanganyika Law Society and Legal and Human Rights Centre v. United Republic of Tanzania (merits)
(14 June 2013) 1 AfCLR 34, § 84; African Commission on Human and Peoples’ Rights v. Republic of
Kenya (merits) (26 May 2017) 2 AfCLR 9, § 65; Kennedy Ivan v. United Republic of Tanzania (merits
and reparations) (28 March 2019) 3 AfCLR 48, § 29 (ii).