according to him, the requirement for a State to make a declaration to allow access to the Court by
individuals and Non-governmental Organizations (hereinafter referred to as "NGOs") is a violation of his
rights to freedom from discrimination, fair hearing and equal treatment, as well as his right to be heard.
II. The Procedure
4. The Application was received at the Registry of the Court on 20 February 2011.
5. By a letter dated 18 March 2011, the Registrar acknowledged receipt of the Application.
6. At its 20th Ordinary Session held from 14 to 25 March 2011, in Arusha, Tanzania, the Court decided that
the Application should be served on the Respondent. The Court also decided that the notifications required
under Rule 35 of the Rules of Court (hereinafter referred to as "the Rules") should be sent.
7. In accordance with Rule 35(2)(a) of the Rules, and by a letter dated 28 March 2011 to the Chairperson of
the African Union Commission, the Registrar served a copy of the Application on the Respondent by
registered post. The Respondent was advised to communicate the names and addresses of its
representatives within thirty (30) days and to respond to the Application within sixty (60) days.
8. In accordance with Rule 35(3) of the Rules, and by a letter, also dated, 28 March 2011, the Application
was notified to the Executive Council of the African Union and State Parties to the Protocol, through the
Chairperson of the African Union Commission.
9. By a letter dated 29 April 2011, the Respondent acknowledged receipt of the Application and by a notice
of the same date, communicated its representative as being the Legal Counsel of the African Union
Commission. The Respondent also filed its response dated 29 April 2011. These documents were received
at the Registry of the Court on 18 May 2011 and were sent to the Applicant by a letter of the same date.
10. During its 21st Ordinary Session held from 6 to 17 June 2011, in Arusha, Tanzania, the Court decided
that the Applicant should be notified that he could reply to the Respondent's response within thirty (30)
days, commencing 8 June 2011.
11. By a letter dated 15 June 2011, the Registrar notified the Applicant of the Court's decision that he could
reply to the Respondent's response. The Applicant's undated, but signed reply to the Respondent's
response was received at the Registry of the Court on 23 June 2011.
12. By a letter dated 24 June 2011, the Registrar sent to the Respondent, the Applicant's reply to the
Respondent's response, and therein it was indicated that pleadings had been closed and the Parties would
be advised of the dates set down for hearing. This letter was copied to the Applicant.
13. By separate letters, both dated 20 October 2011, the Registrar informed the Parties that, at its 22nd
Ordinary Session held from 12 to 23 September 2011, in Arusha, Tanzania, the Court decided that the
Parties should be invited to a hearing of the Application during its 23rd Ordinary Session to be held from 5
to 16 December 2011. In the said letters, the Registrar informed the Parties that the proposed dates for the
hearing were 12 to 13 December 2011 and requested them to confirm their availability for these dates not
later than 4 November, 2011.
14. By an email dated 21 October 2011, the Applicant confirmed his availability for the public hearing on the
proposed dates.
15. By a letter dated 11 November 2011, The Legal Counsel of the African Union Commission informed the
Registry of the Court that the Respondent "could not confirm [its] availability due to intervening
circumstances and prior commitments". In the said letter, the Legal Counsel of the African Union
Commission further requested that "the hearing of the above matter be postponed/adjourned."
16. By separate letters, both dated 8 December 2011, the Registrar informed the Parties of the Court's
decision that, due to the unavailability of the Respondent, the public hearing on the Application would take
place from 22 to 23 March, during the 24th Ordinary Session of the Court to be held from 19 to 30 March
2012, in Arusha, Tanzania, even if only one party were to be present.
17. By an email of 7 February 2012, the Office of the Legal Counsel of the African Union Commission
informed the Registry of the Court that, at the hearing, the Respondent would be represented by Advocate
Bahame Mukirya Tom NYANDUGA, and the latter would be assisted by officers from the Office of the Legal
Counsel of the African Union Commission.
18. By an email dated 18 February 2012, the Applicant confirmed his availability for the public hearing on
the dates proposed.
19. By a letter dated 19 March 2012, the Registry received a formal letter from the Office of the Legal
Counsel appointing Mr. Bahame Mukirya Tom NYANDUGA "to assist the Office of the Legal Counsel of the
Respondent in this matter".
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