61. Furthermore, with regard to the alleged incompatibility of Articles 125 and
127 of the Law of 12 July 2010 with the human rights instruments invoked
by the Applicants, the Court considers that there were no local remedies to
be exhausted, so that the question of reasonable time does not arise.23 The
Court is also of the considered view that the alleged violations in this respect
are ongoing, insofar as they result from a law published on 12 July 2010,
which is still in force. As a result, the Applicants are entitled to seize the
Court at any time, as long as no measures have been taken to remedy the
alleged violations.24
62. Finally, the Court notes that in accordance with Rule 50(2)(g) of the Rules,
the instant Application does not concern a matter already settled by the
parties in accordance with the principles of the Charter of the United
Nations, the Constitutive Act of the African Union, or the Charter.
63. In light of the foregoing, the Court holds that the Application meets all
admissibility requirements under Article 56 of the Charter as restated in Rule
50(2) of the Rules of Court and, accordingly, declares it admissible.
VII.
MERITS
64. The Applicants allege violations by the Supreme Court and the Ministry of
Internal Security of (A) the right to equality before the law and equal
protection of the law, and the right to non-discrimination; (B) the right of
access to the public services of their country; (C) the right to be promoted
to a higher rank; and (D) the right to education.
23
Jebra Kambole v. United Republic of Tanzania (merits and reparations) (15 July 2020) 4 AfCLR 466,
§ 50; Yusuph Said v. United Republic of Tanzania, ACtHPR, Application No. 011/2019, Judgment of 30
September 2021 (jurisdiction and admissibility), § 42.
24 Kambole v. Tanzania, ibid, § 53.
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