24
violation of the rights in question, the Protocol had not yet come into
operation. The Court therefore has no jurisdiction to hear the matter.
The Applicants’ Response to the Preliminary Objections
81.
The Applicants responded to the above preliminary objections
raised by the Respondent.
81.1 Alleged lack of exhaustion of local remedies
The Applicants contend that the constitution review process and
Parliament do not constitute a viable local remedy required to be
exhausted in terms of Article 6(2) of the Protocol, read together with
Article 56(5) of the Charter. According to the Applicants, what constitutes
a viable remedy which must first be exhausted is a judicial remedy.
81.2 Alleged unreasonable delay in filing the applications
Regarding the objection that the Applicants took unreasonably long to
bring their Applications:
The Applicants contend that there has not been any undue delay. Firstly,
within four months of the judgment, there were general elections, and
functionaries were preoccupied with those elections. Secondly, the
Applicants say that they had to wait for Parliament to deal with the matter
in the wake of the judgment of the Court of Appeal. They contend that
the lapsed time must be reckoned from the time Parliament failed to act.