"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 of the matter”.
87. The question that arises here is whether the period within which the Applicant seised
the Court is a reasonable time within the meaning
of Article 56 (6) of the Charter. To
adequately address this issue, it is necessary to first determine the date from which that
time must be calculated and assessed.
88. Whereas the Respondent State submits that the period should start to run from the
date of deposit of the instrument of ratification of the Protocol establishing this Court, that
is, 10 February 2006 (supra, para 80), the Applicant believes that the time starts to run
from 9 March
2010,
the date on which the Respondent
State signed the declaration
accepting the jurisdiction of the Court to receive cases from individuals.
89. In the opinion of the Court, it is appropriate to take into account not only the date on
which the Respondent State became a Party to the Protocol, but also and above all, with
regard
to an
declaration
Application
accepting
from
an
individual,
the competence
the
on which
that
of the Court to receive cases
within the meaning of Article 34(6) of the Protocol.
United
date
State
from
filed the
individuals
The records however show that the
Republic of Tanzania deposited the said declaration on 29 March 2010.
In the
view of the Court, it is from that date that the date of seisure has to be calculated’.
90. The Applicant having filed his Application at the Registry of the Court on 8 October
2013,
the time
line for seisure should
run from
29 March
2010,
to that date, that is, 3
years, 3 months and 10 days. The question that now arises is whether such a timeline is
reasonable.
Fie
12 See African Court: Norbert Zongo and Others v. Burkina Faso, (Preliminary Objections) Judgment of 21
June 2013, para; Alex Thomas v. United Republic of Tanzania, Judgment of 20 November 2015, para 73.
27