coming to this Court, or whether he was faced with a procedure which was
unduly prolonged. The Respondent did not raise any objection based on
failure to exhaust local remedies. It, however, remains the duty of this Court
to enforce the provisions of the Protocol and of the Charter. The Court is
enjoined to ensure that an application meets, among.st others, the
requirements for admissibility which are stipulated in the Protocol and the
Charter. The law does not have to be pleaded. Failure by the Respondent to
raise the issue of non-compliance with the requirements stipulated in the
Protocol and the Charter cannot render admissible an application which is
otherwise inadmissible. The requirement of exhaustion of local remedies is
fundamental in the inter-action between State Parties to both the Protocol
and the Charter, and their national courts, on the one hand, and this Court,
on the other hand. State Parties ratify the Protocol on the understanding that
local remedies would first be exhausted before recourse to this Court; the
making of the declaration in terms of Article 34 (6) of the Protocol is also on
this understanding.
38. Some jurisprudence on the requirement of the exhaustion of local
remedies:
38.1. By exhaustion of local remedies, this Court is referring primarily to
judicial remedies.
This Court has recently confirmed the jurisprudence that what is
envisaged by local remedies is primarily remedies of a judicial nature.
In the Consolidated Matter of Tanganyika Law Society and the Legal
and Human Rights Centre vs. The Unite Republic of Tanzania,
Application no. 009/2011 and Reverend Chri$f.gphe( R. Mtikila vs. the
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N--7?
A
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