ffi
VI
That, Sections 4(c) and 5(a) of the Minimum Sentence Act are
valid and do not infringe the fundamental rights of the Applicants.
v
That, Section 4(c) and 5(a) of the Minimum Sentence Act are
in
conformity with Articles 64(5) of the Constitution of the United
Republic of Tanzania, 1977.
vilt
That, the sentence of Thirty years imprisonment for the offence of
Armed Robbery was laMul.
tx
That, the Application lacks merits and should be dismissed
x
That, the Applicants should not be awarded reparations
XI
That, the costs of this Application be borne by the Applicants."
V. JURISDICTION
24. Pursuant to Article 3(1) of the Protocol, "the jurisdiction of the Court shall
extend to all cases and disputes submitted to it concerning the interpretation
and application of the Charter, this Protocol and any other relevant Human
Rights instrument ratified by the States concerned." Further, in terms of Rule
39(1) of the Rules, "the Court shall conduct preliminary examination of
jurisdiction .. .'.
its
A. Objections to material jurisdiction
25.The Respondent State raises two objections relating to the material
jurisdiction of the Court: firstly, that the Applicants are asking the Court
to act as a court of first instance, and, secondly, that in so far as the First
Applicant is concerned, this action is an abuse of process and it amounts
to commencing multiple actions over the same facts.
I
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