32. The Court notes that the conditions of admissibility set out in Rule 40 of
the Rules are not in contention between the parties, as the Respondent
State having decided not to take part in the proceedings did not raise any
objections to the admissibility of the Application.
However,
pursuant to
Rule 39(1) of the Rules, the Court is obliged to determine the admissibility
of the Application.
33.It
is
apparent
from
the
record
that
the
Applicant
is
identified.
The
Application is not incompatible with the Constitutive Act of the African
Union
and
language
the
and
Charter.
is not
It is
based
not
written
exclusively
in
on
disparaging
information
or
insulting
disseminated
through the mass media. There is also nothing on the record to indicate
that the present Application concerns a case which has been settled in
accordance with either the principles of the United Nations Charter, the
OAU
Charter or the provisions of the Charter.
34. With regard to the exhaustion of local remedies,
the Court reiterates as
it has established in its case law that “the local remedies that must be
exhausted by the Applicants are ordinary judicial remedies”5, unless they
are manifestly unavailable, ineffective and insufficient or the proceedings
are unduly prolonged.®
35. Referring to the facts of the matter, the Court concludes that the Applicant
filed is complaint before the Court of First Instance, which dismissed his
complaints by judgment dated 27 December 2013. He appealed against
this decision to the Supreme Court, which upheld the judgment of the
High Court by its judgment of 23 May 2014. The Court, therefore, holds
in conclusion
that the
Applicant
has
exhausted
the
available
local
remedies.
§ Mohamed Abubakari v. Tanzania (merits) (2016) 1 AfCLR 599 § 64. See also Alex Thomas v.
Tanzania (merits) (2015) 1 AFCLR 465 § 64; and Wilfred Onyango Nganyi and 9 others v. Tanzania
(merits) (2016) 1 AfCLR 507, § 95.
® Lohé Issa Konaté v. Burkina Faso (merits) (2014) 1 AfCLR 314, § 77.
v. Tanzania (admissibility) (2014) 1 AfCLR 398, § 40.
11
See also Peter Joseph Chacha