(3) involving a State Party which has not made such a declaration.
6. By letter dated 30 March 2012, the Registrar inquired from the Legal Counsel of the African Union
Commission if the Republic of South Africa has made the Declaration required under Article 34 (6) of the
Protocol.
7. By email dated 12 April 2012, the Legal Counsel of the African Union Commission informed the Registrar
that the Republic of South Africa had not made such a declaration.
8. The Court observes that the Republic of South Africa has not made the Declaration under Article 34 (6).
9. In view of Articles 5(3) and 34 (6) of the Protocol, it is evident that the Court manifestly lacks jurisdiction
to receive the Application submitted by Delta International Investments SA, Mr. AGL De Lange and Mrs. M.
De Lange, against the Republic of South Africa.
10. For these reasons,
THE COURT,
Unanimously:
Decides that pursuant to Articles 5 (3) and 34 (6) of the Protocol, it manifestly lacks jurisdiction to receive
the Application submitted by Delta International Investments SA, Mr. AGL De Lange and Mrs. M. De Lange,
against the Republic of South Africa, and the Application is accordingly struck out from the general list of
the Court.
Done at Arusha, this thirtieth day of March, Two Thousand and Twelve, in English and French, the English
text being authoritative.
Signed:
Gerard NIYUNGEKO, President
Robert ENO, Registrar
In conformity with Article 28 (7) of the Protocol and Rule 60 (5) of the Rules of Court, Judge Fatsah
OUGUERGOUZ appended a separate opinion to the present decision.
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