000624,
32. The Court further notes that the Applicant claims violations of his rights guaranteed
by the Charter, rather than basing his claim merely on the technicalities of the civil
case. The violations alleged in the Application are related to the right to a fair trial
which falls within the ambit of the Charter which guarantees such rights. Also, the
Respondent State has not demonstrated how the Application is not in conformity
with the Constitutive Act of the African Union or the Charter.
33
ln light of the foregoing, the court dismisses the Respondent State,s objection
B.
objection on failure to file the Application within a reasonable time
34. The Respondent State avers that the Application has not been filed within a
reasonable period as required by Rule 40(6) of the Rules and therefore is not
admissible. lt alleges that the relevant period of time is that between the decision of
the court of Appeal in civil Appeal No. 76 of 2011 on 20 December 2011 and 17
June 2016, the date on which the Respondent State received the Application. The
Respondent State therefore computes that period to five (5) years and six (6) months
and argues that this cannot be considered reasonable time.
35.The Respondent State further contends that developments in international human
rights jurisprudence have established a period of six (6) months as reasonable time,
and refers to the case of Majuru v Zimbabwe (2008), ALHRLR 146 before the African
commission on Human and Peoples' Rights. The Respondent State goes on to aver
that the Court was already in existence when the Applicant submitted his appeal to
the Court of Appealand therefore the Applicant could have instituted his application
before this Court within a period of six (6) months.
36. Finally, according to the Respondent State, the reasonableness of a time period
must be assessed on a case-by-case basis and, as the Applicant was neither
imprisoned nor indigent, but rather was able to pay and had access to a lawyer and
"could be aware of the existence of this Court", the Applicant has let a reasonable
time elapse
11
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