0001{
Constitutive Act of the African union, the provisions of the Charter or of any
legal instrument of the African Union".
27.The Respondent State raises two objections to the admissibility of the
Application; the first one relates to the requirement of exhaustion of local
remedies and second, the filing of the Application within a reasonable time
under sub-Rules 40 (5) and (6), of the Rules, respectively.
A. Objection based on the non-exhaustion of local remedies
28.The Respondent State contends that the Applicants should have sought
redress at the High Court of Tanzania for their alleged human rights
violations by filing a constitutional petition in accordance with its Constitution
and its Basic Rights and Duties Enforcement Acts.
29.The Respondent State also asserts that the first Applicant, Mr Godfred
Anthony, never appealed against the decision of the High Court even
though he had the opportunity
to seize the Court of Appeal. The
Respondent State further argues that the second Applicant, Mr lfunda
Kisite, could have applied for a review of the decision of the Court of Appeal
as provided by law. lt therefore concludes that the Applicants filed the
Application before this Court without exhausting the available local
remedies.
30. The Applicants aver that the first Applicant appealed against his conviction
and sentence to the High Court, while the Prosecutor also appealed against
the second Applicant's acquittal to the same court; with both appeals going
in favour of the Prosecutor. Subsequently, the second Applicant filed an
appeal before the Court of Appeal which while dismissing it, the Court of
s
Chapter 3 of the laws of Tanzania
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