00 09,3 9
32. Moreover, this Court has stated in a number of cases involving the Respondent
State that the remedies of Constitutional petition and review in the Tanzanian
judicial system are extraordinary remedies that the Applicant is not required to
exhaust prior to seizing this Court.6
lt is thus clear that the Applicant
has
exhausted all the available domestic remedies.
33. For
this reason, the Court dismisses the objection that the Applicant has not
exhausted local remedies.
ii.
Objection based on the ground that the Application was not filed
within a reasonable time
34.The Respondent State argues that the Application was not filed within
reasonable time pursuant
a
to Rule 40(6) of the Rules. lt submits that the
Applicant's case at the domestic courts was concluded on 13 August2O14, and
it took one (1) year and one (1) month for the Applicant to file his case before
this Court.
35. Noting that Rule 40(6) of the Rules does not prescribe the time limit within which
individuals are required to file an application, the Respondent State draws the
Court's attention to the fact that the African Commission has held a period of
six (6) months to be the reasonable time.7
36.The Respondent State avers further that the Applicant has not explained the
reason why he could not lodge the Application within six (6) months, and
submits that
for these reasons, the
Application should
be
declared
inadmissible.
6 See A/ex Thomas v Tanzania (Merits), op. crt, $ 65, Application No. 007/20'13. Judgment of 0310012013
(Merits), Mohamed Abubakari v. United Republic of Tanzania, (hereinafter referred to as " Mohamed
Abubakai v Tanzania (Merits)") S S 66-70, Application No.01'1/2015. Judgment of 2810912017 (Merits),
Chistopher Jonas v Tanzania, $ 44.
7
Michael Majuru v Zimbabwe (2008) AHRLR 146 (ACHPR 2008)
10
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