PROCEDURE
Jurisdiction
Contentious cases
No need to specify Charter provisions alleged to have been violated
The Court retains jurisdiction even where the application relies only on a national
constitution or legislation (Peter Joseph Chacha v The United Republic of Tanzania,
application 003/2012, judgment, 28 March 2014 paras 112-113). Where only the constitution
and national laws are relied upon in an application, the Court will look for and base its
findings on corresponding articles in the Charter or any other human rights instruments.
(Chacha para 113). So if the rights are protected by the African Charter or other instrument to
which the State is a Party, the Court will have jurisdiction (Chacha para 114, Abubakari
Mohamed v The United Republic of Tanzania, Merits, Application 007/2013, 3 June 2016
paras 50 & 51).