to all matters concerning the interpretation and application of the
Convention" 18 .
54. As such, Article 27 and by extension Article 32 of the Maputo Protocol explicitly
establish the Comip.ission' s contentious jurisdiction. The pertinent question,
however, is whether the Commission continues to exercise contentious
jurisdiction over the Maputo Protocol.
55. Article 32 of the Maputo Protocol is designated as a 'Transitional Provision' .
According to the Macmillan Dictionary, the term 1transitional 1 refers to 1the
process or period of changing from one state or condition to another 119 . A
transitional provision, therefore, broadly regulates the coming into operation
of an enactment or provision and at times modifies its effect during the period
of transition.
56. Article 32 regulates the C!Jming into operation of Article 27 of the Maputo
Protocol and modifies its effects during the period of transition. In that, it
prescribes transitional arrangements which take effect during the intervening
period between the establishment of the Court. Accordingly, until the Court is
established, Article 27 of the Protocol may be rea,d as inclusive of the African
Commission which may be understood as _granting, the latter the authority to
exercise its contentious jurisdiction over the Protocol. However, the Protocol
does not elaborate on the term 11 establishment11 or its effects.
57. For-purposes of maintaining a logical sequence, this Commission shall proceed
first to determine whether the Court has been established within the meaning
of Article 32 before considering the effect of its" establishment" in the event the
latter is·confirmed.
58. The term 'estabJishment' is derived from the root word 'establish', which
denotes the act of initiating or bringing about20 • The term may also be
understood as the state of being recognized and accepted. These two senses of
the term' establish', inform the definition of' establishment', which refers to the
act of "bringing [something/one] into being on a firm or stable basis" 21 .
18
19
Article 62 of the American Convention.
https ://www. macm iIland ict io nary .co m/ d icti o nary/bri ti sh/ transit io naI
20
Id .
21
Id .
pg . 11