coming to this Court, or whether he was faced with a procedure which was
unduly
prolonged.
The
Respondent
failure to exhaust local remedies.
did not raise any
It, however,
to enforce the provisions of the Protocol and
enjoined
to
ensure
that
an
application
requirements for admissibility which
raise the issue of non-compliance
based
on
remains the duty of this Court
of the Charter. The
meets,
are stipulated
Charter. The law does not have to be pleaded.
objection
amongst
Court is
others,
in the Protocol
the
and the
Failure by the Respondent to
with the requirements
stipulated
in the
Protocol and the Charter cannot render admissible an application which is
otherwise inadmissible.
fundamental
The requirement of exhaustion of local remedies is
in the inter-action between
and the Charter,
State Parties to both the Protocol
and their national courts,
on the one hand,
and this Court,
on the other hand. State Parties ratify the Protocol on the understanding that
local remedies would
first be exhausted
before recourse to this Court; the
making of the declaration in terms of Article 34 (6) of the Protocol is also on
this understanding.
38.Some
jurisprudence
on
the
requirement
of the
exhaustion
of local
remedies:
38.1. By exhaustion of local remedies, this Court is referring primarily to
judicial remedies.
This
Court
has
recently
confirmed
the jurisprudence
that
what
is
envisaged by local remedies is primarily remedies of a judicial nature.
In the Consolidated Matter of Tanganyika Law Society and the Legal
and
Human
Rights
Centre
vs.
The
Unite Republic
of
Tanzania,
Application no. 009/2011 and Reverend Christopher R. Mtikila vs. the