f.
Are submitted 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
g.
Do not deal with cases which have been settled by those States
involved in accordance with the principles of the Charter of the
United Nations, or the Constitutive Act of the African Union, or
the provisions of the Charter.
39. The Respondent State raises an objection to the admissibility of the
Application on the ground that the Applicant did not file the Application
before this Court within a reasonable time. The Court will first consider this
objection before examining other conditions of admissibility, if necessary.
A. Objection based on the failure to file the Application within a reasonable
time
40. The Respondent State avers that the decision of the Court of Appeal was
rendered on 28 November 2011, whereas this Application was filed before
this Court on 7 January 2016, which is 4 years, 1 month and 10 days later.
As such, it contends that the Application was not filed within a reasonable
time from the date when local remedies were exhausted and, thus, should
be struck out.
41. The Respondent State further submits that Rule 40(6) does not prescribe,
define or quantify what constitutes reasonable time, however the “period
specified in the Charter” is six months in accordance with advancements in
international human rights jurisprudence”. Citing the case of Michael Majuru
v. Zimbabwe, the Respondent State avers that the Applicant does not show
any impediments that prevented him from lodging the Application within six
months, which is regarded as a reasonable time-limit. It surmises that the
conditions for admissibility prescribed in Rule 40(5) and (6) of the Rules of
the Court have not been met, therefore this Application should be declared
inadmissible and dismissed with costs.
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