43. In the instant case, the Court notes that the Applicants are lay. It also
emerges from the records that at the time of filing the Application, the
Applicants were incarcerated and therefore limited in movement as well as
to flow of information, which the Court has previously held as legitimate
justification for delays in lodging applications.16
44. The Court considers that the above stated circumstances constitute valid
justification for the time it took the Applicants to file this Application
subsequent to the judgment of the Court of Appeal. The Court, therefore,
finds that such time is reasonable within the meaning of Article 56(6) of the
Charter.
45. In light of the foregoing, the Court dismisses the Respondent State’s
objection to the admissibility of the Application based on the alleged failure
to file the same within reasonable time.
B. Other admissibility requirements
46. The Court notes that, from the records, the fact that the Application complies
with the requirements in Article 56 sub-articles (1), (2), (3), (4), (5) and (7)
of the Charter, which are reiterated in sub-rules 50(2)(a), (b), (c), (d), (e) and
(g) of the Rules, is not in contention between the Parties. Nevertheless, the
Court must ascertain that these requirements have been fulfilled.
47. In particular, the Court notes that the requirement laid down in Rule 50(2)(a)
of the Rules is met since the Applicants’ identity is known.
48. The Court also notes that the claims made by the Applicants seek to protect
their rights guaranteed under the Charter. It further notes that one of the
objectives of the Constitutive Act of the African Union, as stated in Article
3(h) thereof, is the promotion and protection of human and peoples’ rights.
The Application also does not contain any claim or prayer that is
16
Iguna v. Tanzania, supra, § 37; Thomas v. Tanzania, supra, § 73; Jonas v. Tanzania, supra, § 54.
13