assistance,18 indigence, illiteracy, lack of awareness of the existence of the
Court,19 and the use of extra-ordinary remedies.20 Nevertheless, the Court
has emphasised that these circumstances must be proven.
58. In the instant case, the Court notes from the records that the Court of Appeal
determined the Applicant’s appeal on 12 March 2013 and the Applicant filed
his Application on 25 July 2016, that is, after a lapse of three (3) years, four
(4) months, and thirteen (13) days.
59. The question for the Court’s determination, therefore, is whether this delay
could be considered as reasonable within the terms of Article 56(6) of the
Charter as read together with Rule 50(2)(f) of the Rules.
60. The Applicant contends that the delay in filing his case is attributed to his
incarceration without access to legal assistance, coupled with his lack of
awareness regarding the existence of the Court. He asserts that he only
became aware of the Court’s existence around late 2015. The Court notes
that the Respondent State does not dispute the Applicant’s contention in
this regard.
61. The Court also notes that the Applicant is self-represented before this Court
and as a convicted prisoner, is secluded from the general population and
cut off from possible information flow, and restricted in his movements.
62. In view of the foregoing, the Court finds the filing of the Application within a
period of three (3) years, four (4) months, and thirteen (13) days is
reasonable and thus, his Application is deemed to have been filed within a
reasonable time in accordance with Article 56(6) of the Charter and Rule
50(2)(f) of the Rules.
18
Thomas v. Tanzania, ibid, § 73; Christopher Jonas v. United Republic of Tanzania (merits) (28
September 2017) 2 AfCLR 101, § 54; Amir Ramadhani v. United Republic of Tanzania (merits) (11 May
2018) 2 AfCLR 344, § 83.
19 Ramadhani v. Tanzania, ibid, § 50; Jonas v. Tanzania (merits), ibid, § 54.
20 Guehi v. Tanzania (merits and reparations), supra, § 56; Werema and Werema v. Tanzania (merits),
supra, § 49; Alfred Agbes Woyome v. Republic of Ghana (merits and reparations) (28 June 2019) 3
AfCLR 235, §§ 83-86.
16