19.As the Court has held, the withdrawal of a Declaration deposited pursuant to Article
34(6) of the Protocol does not have any retroactive effect and it also has no bearing
on matters pending before this Court prior to the deposit of the Declaration, as is
the
case
with
the
present
Application.’
Further,
any
such
withdrawal
of
a
Declaration only takes effect twelve (12) months after the instrument of withdrawal
is deposited and the Respondent State’s withdrawal will, therefore, take effect on
22 November 2020.
20. In light of the foregoing, the Court finds that it has personal jurisdiction to examine
the present Application.
21.With regard to its material jurisdiction, the Court has consistently held that Article
3(1) of the Protocol confers on it the power to examine any application provided it
contains allegations of violation of the rights protected by the Charter or any other
human
rights instrument ratified by the Respondent State concerned. Further, the
Court notes that, in accordance with Article 7 of the Protocol, it "shall apply the
provisions of the Charter and any other relevant human
rights instrument ratified
by the State concerned." In the present matter, the Applicant alleges the violation
of rights guaranteed
above,
the
in Articles 1, 2, 3 (2), and 7(1)(a) of the Charter. As noted
Respondent
State
is a party
to the
Charter
and
to the
Protocol.
Consequently, the Court finds that its material jurisdiction is established.
22.In
relation
to temporal
jurisdiction,
the Court
holds that the relevant dates,
in
relation to the Respondent State, are those of entry into force of the Charter and
the Protocol as well as the date of depositing the Declaration under Article 34(6)
of the Protocol.
23. The Court observes that the violations alleged by the Applicant stem from article
41(7) of the Respondent State’s Constitution. The Court also observes that this
1 Ambrose
Cheusi v. United Republic of Tanzania,
AfCHPR,
Application
No. 004/2015,
Judgment
of 26
June 2020 (merits and reparations) §§ 37-39. See also, Ingabire Victoire Umuhoza v. Republic of Rwanda
(jurisdiction) (2016) 1 AfCLR 562.
6