81.
Regarding
the ratione temporis jurisdiction of the Court,
it is
important to make a brief summary of the origin of the procedure. On
9
May
2003,
the
ex-employees
of
the
defunct
East
African
Community seized the High Court of Tanzania to obtain the execution
of commitments
framework
their
made
by
of a Mediation
pension
and
the
Tanzanian
Agreement
other
benefits.
government
in relation
On
20
within
the
to the payment
September
2005,
of
the
Applicants withdrew the matter from the High Court after reaching an
amicable settlement with the Respondent.
Applicants
seized
the
High
time, to honour the amicable
On 15 October 2010, the
Court to compel
agreement
the
reached
Respondent,
this
with the latter. On
27 January 2012, they seized the African Court on the issue of the
non-execution of the amicable settlement which had been filed with
Tanzanian Courts since October 2010 as stated earlier.
82.
The
execution
Court
notes
that
of the agreement
according
was
to the
tantamount
Applicants,
to a violation
the
non-
of their
rights which they were pleading before the Court. The Court is of the
view that the alleged violations which are said to have resulted from
the non-payment
of their benefits and compensation
is situated from
October 2010, when the High Court was seized of the matter for the
first time. The Court also notes that the police brutality alleged by the
Applicants is said to have been committed following the judgment of
the Court on 23 May 2011.
:
o
Ie
27
A
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5
B&, 2
Jo
Fl