44. The Applicant submits that there is no time frame stipulated under Article 56(6) of
the Charter and that it “falls on the Court to pronounce itself on what in its view is
within
reasonable
time.”
In support
decision of the the Commission
of his submission,
the Applicant
cites the
in Darfur Relief and Documentation
Centre v
Sudan. He argues that although Article 56(6) is meant to encourage applicants to
be vigilant and to prevent tardiness in filing of applications, in appropriate cases,
where there are good
and
compelling
consideration of applications that have
reasons,
fairness and justice require the
not been filed promptly.
Specifically, the
Applicant submits that, in relation to his Application:
... the acts complained of are acts that are continuous in nature and do not occur
in a specific time. Therefore, due to the continuous violation of this conduct by
respondent, the court should consider that the application is within the time frame
as provided by the law.
eK
45. The Court confirms that Article 56(6) of the Charter does not stipulate a precise
time limit within which an Application shall be filed before the Court. Rule 40(6) of
the Rules simply refers to 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 of the matter.”
46.As the Court has established, the reasonableness of the period for seizure of the
Court
depends
on
the
particular
circumstances
of each
case
and
must
be
determined on a case-by-case basis.1
47.In the present Application, the Court takes cognisance of the fact that the source
of the violation alleged
by the Applicant lies in a provision
of the
Respondent
State’s Constitution. The Court also recalls that the Respondent State deposited
the Declaration under Article 34(6) of the Protocol in March 2010. Strictly speaking,
12 Anudo Ochieng Anudo
v. United Republic of Tanzania (merits) (2018) 2 AfCLR 248 § 57.
13