3) Other admissibility requirements
66.
The Applicants do not make any submission with respect to the
Respondent's objection to the compatibility of the Application with the
Constitutive Act and the Charter (Article 56(2), the Application being
exclusively based
on information disseminated
(Article 56(4), and the Application
by the mass
media
not being filed within reasonable
time in accordance with Article 56(6) of the Charter.
V.
APPLICANTS
REQUEST
TO
EXPUNGE
RESPONDENT’S
RESPONSE FROM THE PLEADINGS
67.
The Applicants submit that the Response of the Respondent is
time barred, having been submitted contrary to the provisions of Rule
37 of the Rules. Rule 37 provides that “The State Party against which
an Application has been filed shall respond thereto within sixty (60)
days
provided
that
the
Court
may,
if the
need
arises,
grant
an
extension of time”.
68.
The Applicants claim that the Respondent's Response was filed
on 11 March 2013 instead of 7 March 2013, and that the Respondent
did not apply for leave for an extension of time.
They thereft
on the Court to expunge this Response from the pleadings.