000505
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 mater 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."
36.
While some of the above conditions are not in contention between the Parties,
the Respondent State has raised an objection regarding the exhaustion of local
remedies.
A.
Condition of admissibility in contention between the Parties
37. The
Respondent State contends that the Application does not meet the
admissibility conditions stipulated under Articles 56(5) of the Charter, Article 6 of
the Protocol and Rules 40 (5) of the Rules on exhaustion of local remedies.
38.
The Respondent State argues that the Applicant has not made use of the local
remedy provided for under the Constitution of the United Republic of Tanzania.
ln this regard, the Respondent State submits that its Basic Rights and Duties
Enforcement Act, which was enacted for the enforcement of the rights and duties
provided for under Part
lll of its Constitution, provides for a procedure for
enforcement of constitutional rights such as those the Applicant alleges were
violated. The Respondent State avers that the Applicant howeverfailed to pursue
this remedy before seizing the Court.
39.
The Applicant states that he has been unsuccessful in his attempts to ensure that
his basic rights as provided for under Articles 12 to 29, under Part lll of the
Constitution of the United Republic of Tanzania are respected, because of the
unaffordable costs of filing constitutional petitions at the High Court of Tanzania.
10
q'
s