3(h) thereof is the promotion and protection of human and peoples’ rights.
Furthermore, nothing on file indicates that the Application is incompatible
with the Constitutive Act of the African Union. It follows that the Application
fulfils the requirement set out in Rule 50(2)(b) of the Rules.
62. The language used in the Application is not disparaging or insulting to the
Respondent State or its institutions, in fulfilment of Rule 50(2)(c) of the
Rules.
63. The Court notes that the Application is not based exclusively on news
disseminated through mass media as it is founded on legal documents, in
fulfilment of Rule 50(2)(d) of the Rules.
64. In relation to filing the Application within a reasonable time, the Court notes
that the Applicants filed this Application before the Court on 8 March 2016,
after the Court of Appeal had dismissed their appeal for lack of merit on 2
March 2012, that is, four (4) years and six (6) days, after the dismissal. The
issue, therefore, is whether the period between the exhaustion of local
remedies and the filing of the present Application constitutes a reasonable
time within the meaning of Rule 50(2)(f) of the Rules. In line with its
jurisprudence,23 the Court considers that this time frame for filing an
application before it is reasonable in the circumstances and therefore in
compliance with Rule 50(2)(f) of the Rules.
65. Furthermore, the Application does not concern a case which has already
been settled by the Parties in accordance with the principles of the Charter
of the United Nations, the Constitutive Act of the African Union, the
provisions of the Charter or of any legal instrument of the African Union in
fulfilment of Rule 50(2)(g) of the Rules.
23
Bernard Balele v. United Republic of Tanzania, (judgment) (30 September 2021) 5 AfCLR 338; Hamis
Shaban alias Hamis Ustadh v. United Republic of Tanzania (judgment) (2 December 2021) 5 AfCLR
842, §§ 59-60; Mussa Zanzibar v. United Republic of Tanzania (26 February 2021) (judgment) 5 AfCLR
39, § 44.
19