i.
Temporal jurisdiction, insofar as the violations alleged by the
Applicant occurred after the Respondent State became a party to
the Charter and the Protocol. 4
ii.
personal jurisdiction, insofar as, as indicated in paragraph 2 of this
judgment, on 2 June 2017, the Respondent State deposited with
the Chairperson of the African Union Commission the Declaration
provided for in Article 34(6) of the Protocol by virtue of which it
accepts the jurisdiction of the Court to receive applications from
individuals and Non-Governmental Organisations. As the present
Application was filed after that date, the Court’s jurisdiction is
established.
iii.
Territorial jurisdiction, insofar as the alleged violations occurred on
the territory of the Respondent State, which is a party to the
Protocol.
27. In light of the above, the Court holds that it has material jurisdiction to hear
the present Application.
VI.
ADMISSIBILITY
28. Under 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”.
29. According to Rule 50(1) of the Rules, “The Court shall rule on the
admissibility of cases taking into account the provisions of Article 56 of the
Charter and Article 6(2) of the Protocol and these Rules”.
30. Rule 50(2) of the Rules, which in substance restates the provisions of Article
56 of the Charter, provides that:
Applications filed before the Court shall comply with all of the following
4
Jebra Kambole v. United Republic of Tanzania (merits and reparations) (15 July 2020) 4 AfCLR 460,
§§ 51 to 53.
8