8
second instrument which is m fact a resolution of the United Nations
General Assembly.
3) Temporal jurisdiction
17. ln its written submissions, the Respondent did not raise any Preliminary
objection to the temporal jurisdiction of the Court, other than that on the
Treaty establishing the East African Community. At the Public Hearing
of 15 June 2012, the Respondent however challenged the temporal
jurisdiction of the Court as follows: "our contention with retrospectivity
is hinged only on the aspect of the Eleventh Constitutional Amendment
Act No. 34 of 1994, which was enacted before the Government of the
United Republic of Tanzania ratified the Protocol to the African Charter
establishing the African Court. The Court cannot adjudicate on matters
wh ich transpired prior to Tanzania having ratified the instruments and
placing the United Republic of Tanzania under the jurisdiction of this
Court, hence the issue is retrospective" (Public Hearing of 15 June 2012,
Oral Hearing Verbatim Record, p. 27, lines 16-21 ); the Respondent
added as follows: "the internationa l principJc is that international treaties
are not retrospective. [ ... ] This principle is applicable to the United
Republic of Tanzania with regard to Article 34 (6) of the Protocol to the
African Charter establishing an African Court" (Public Jlearing of 15
June 2012, Oral Hearing Verbatim Record, p. 27, lines 30-31 and p. 28,
lines 1-5).
18. At the same Public Hearing, the
2nd
Applicant for his part stated that:
"the violations that were alleged goes before the setting up of the Charter