1.
Disclose the identity of the Applicant notwithstanding the latter's request for
anonymity;
2. Comply with the Constitutive Act of the Union and the Charter;
3. Not contain any disparaging or insulting language;
4. Not be based exclusively on news disseminated through the mass media;
5. Be filed after exhausting local remedies, if any, unless it is obvious that the
procedure is unduly prolonged;
6.
Be filed within a reasonable time from the date local remedies were exhausted
or from the date set by the Court as being the commencement of the time limit
within which it shall be seized with the matter;
7.
Not raise any matter or issues previously settled by the Parties in accordance
with the principles of the Charter of the United Nations, the Constitutive Act of
the African Union, the provisions of the Charter or of any legal instrument of the
African Union."
A.
conditions of admissibility in contention between the parties
31. The Respondent State raises two objections
regarding the exhaustion of local
remedies and the timeframe for seizure of the Court.
i.
objection based on alleged non-exhaustion of toca! remedies
32. ln its Response, the Respondent
State argues that the Application has not
complied with the admissibility conditions prescribed under Article 5O(S) of the
Charter and Rule 40 (5) of the Rules and that
it has not been filed within
a
reasonable time after local remedies were exhausted.
33. The Respondent
State further argues that with regard to the alleged violation of
the rights enshrined in the Bill of Rights, Part lll, Articles 12 to 2g of the
Constitution of the United Republic of Tanzania, as in this case, the Applicant has
the possibility to file a Constitutional Petition before the High Court of Tanzania
orrequest a review of the decision of the Court of Appeal in accordance with Rule
65 of that Court's Rules.
34. The
Respondent State argues in conclusion that the Applicant's refusal to
rcise the available and effective remedies, especially the Constitutional
Petition, the review remed y and the request for legal assistance, all constitute
(
9
s