000 g0 3
before the Court within a reasonable time after the exhaustion of local
remedies. lt submits that the Applicant's case at the national courts was
concluded on 17 February 2012, and it took three (3) years for the Applicant to
file his case before this Court.
45. Noting that Rule 40(6) of the Rules does not prescribe the time limit within which
individuals are required to file an application, the Respondent State draws this
Court's attention to the fact that the African Commission has held a period of
six (6) months to be the reasonable time.10
46.The Respondent State avers further that the Applicant has not stated any
impediments which caused him not to lodge the Application within six (6)
months, and submits that for these reasons, the Application should be declared
inadmissible.
47.1n his Reply, the Applicant avers that he filed the Application within a
reasonable time as his perceived delay was caused by his application for
review of the Court of Appeal's judgment.
48.The Court notes that Article 56(6) of the Charter does not specify any time
frame within which a case must be filed before this Court. Rule 40 (6) of the
Rules, which in substance restates Article 56(6) of the Charter, simply states:
"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."
49.The records before this Court show that local remedies were exhausted on 17
February 2012, when the Court of Appeal delivered its judgment. Therefore,
this should be the date from which time should be reckoned regarding the
10
Michael Majuru v Zmbabwe (2008) AHRLR 146 (ACHPR 2008)
t2
@--
-)
,
tr/
-