which the Respondent State became a party unless the alleged violations
are of a continuing nature.7
30. The Court notes that the alleged violations in the present Application
resulted from the judgments of the High Court and the Court of Appeal of
the Respondent State issued on 7 March 1995 and 10 June 1999
respectively, that is, after the Respondent State became a party to the
Charter on 21 October 1986 and before becoming a party to the Protocol
on 29 March 2010.
31. The Court also notes that the alleged violations continued after that date as
the Applicant remains convicted on the basis of what he considers as an
unfair process that led to his conviction of murder and sentence to death by
the High Court of Tanzania sitting in Sumbawanga.8
32. Given the preceding, the Court dismisses the Respondent State’s objection
and finds that it has temporal jurisdiction to examine this Application.
C. Other aspects of jurisdiction
33. The Court observes that no objection has been raised with respect to its
personal and territorial jurisdiction. Nonetheless, in line with Rule 49(1) of
the Rules,9 the Court must satisfy itself that all aspects of its jurisdiction
have been met.
34. With regard to its personal jurisdiction, the Court recalls, as indicated in
paragraph 2 of this Judgment, that the Respondent State is a party to the
Protocol and deposited the Declaration. Subsequently, on 21 November
2019, it deposited with the Chairperson of the African Union Commission
7
Evodius Rutechura v. United Republic of Tanzania (merits and reparations) (26 February 2021) 5
AfCLR 7, § 29(i).
8 Mtikila v. United Republic of Tanzania (merits), supra, § 84; Kennedy Ivan v. United Republic of
Tanzania (merits and reparations) (28 March 2019) 3 AfCLR 48, § 29(ii); Beneficiaries of Norbert Zongo
and Others v. Burkina Faso (preliminary objections) (21 June 2013) 1 AfCLR 197, §§ 71-77.
9 Rule 39(1) of the Rules of 2 June 2010.
9