that the Court has jurisdiction to entertain prayers (a), (b) and (e) of the Reference, and that it is not clothed with the jurisdiction to grant prayers (c) and (d), since the latter clearly falls outside the Court’s jurisdiction as provided for by Articles 23, 27 as read together with Article 30 of the Treaty. WHETHER THE REFERENCE IS TIME-BARRED 35. As stated earlier, this issue was raised as a preliminary objection by Counsel for the 2nd Respondent. It is necessary to deal with it at this stage, since if it is answered in the affirmative, it would dispose of the whole Reference. 36. Counsel for the 2nd Respondent submitted that in light of the limitation period set to institute references of this nature pursuant to Article 30(2) of the Treaty, the matter was timebarred and the Reference should be dismissed with costs. Article 30(2) provides that: “The proceedings provided for in this Article shall be instituted within two months of the enactment, publication, directive, decision or action complained of, or in the absence thereof, of the day in which it came to the knowledge of the complainant, as the case may be.” 37. To buttress his assertion that the instant case was filed out of time, Counsel referred to Applicant’s relevant averments contained in paragraphs 10 to 15 of the Reference, and paragraphs 12 to 17 of Deo Nzeyimana’s affidavit in support of the Reference. It is his contention, therefore, that since the impugned detention commenced on 15th June 2011, which is the REFERENCE NO.3 OF 2012 Page 13

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