of which a violation is alleged are protected by the Charter or any other
human rights instrument ratified by the Respondent State.8
22. Specifically in relation to the Respondent State’s objection, the Court further
recalls, in line with its jurisprudence, “that it is not an appellate body with
respect to decisions of national courts.”9 However, “… this does not
preclude it from examining relevant proceedings in the national courts in
order to determine whether they are compatible with the standards set out
in the Charter or any other human rights instruments ratified by the State
concerned.”10 The Court finds, therefore, that it will not be sitting as an
appellate court if it examines the allegations by the Applicants. The
Respondent State’s objection in this regard is, therefore, dismissed.
23. In view of the foregoing, the Court finds that it has material jurisdiction to
consider this Application.
B. Other aspects of jurisdiction
24. The Court notes that the Respondent State has not disputed its personal,
temporal and territorial jurisdiction. Nonetheless, in line with Rule 49(1) of
the Rules,11 it must satisfy itself that all aspects of its jurisdiction are fulfilled
before proceeding to consider the Application.
25. With regard to personal jurisdiction, the Court recalls, as indicated in
paragraph 2 of this judgment that, on 21 November 2020, the Respondent
State deposited the instrument of withdrawal of its Declaration under Article
34(6) of the Protocol. The Court has held that such withdrawal does not
apply retroactively. Hence, it has no bearing on pending as well as new
8
Kalebi Elisamehe v. United Republic of Tanzania (merits and reparations) (26 June 2020) 4 AfCLR
265, § 18.
9 Ernest Francis Mtingwi v. Republic of Malawi (jurisdiction) (15 March 2013) 1 AfCLR 190, § 14.
10 Kenedy Ivan v. United Republic of Tanzania (merits) (28 March 2019) 3 AfCLR 48, § 26; Armand
Guehi v. United Republic of Tanzania (merits and reparations) (7 December 2018) 2 AfCLR 477, § 33;
Nguza Viking (Babu Seya) and Johnson Nguza (Papi Kocha) v. United Republic of Tanzania (merits)
(23 March 2018) 2 AfCLR 287, § 35.
11 Rule 39(1) of Rules of Court, 2 June 2010.
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