an opinion on any legal matter relating to the Charter or any other relevant human rights instruments, provided that the subject matter of the opinion is not related to a matter being examined by the Commission. 16. The Court observes that Rule 87 of the Rules provides that “[t]he Court shall apply, mutatis mutandis, the provisions of Part IV of [the Rules] to the extent that it deems appropriate, to advisory procedure/proceedings.” 3 In line with the provisions of Rule 87 of the Rules, the Court further notes that Rule 49(1) of the Rules stipulates that “the Court shall ascertain its jurisdiction … in accordance with the Charter, the Protocol and these Rules.” 4 17. From the foregoing follows that in all advisory proceedings the Court must ascertain its jurisdiction. 18. The Court reiterates that in a request for an advisory opinion, given that such requests do not involve contestation of facts between opposing parties, the issue of territorial and temporal jurisdiction does not arise.5 For this reason, the Court will only consider whether the Request satisfies the requirements for (A) personal and (B) material jurisdiction. A. Personal jurisdiction 19. The Author submits that it “brings together the continent's 5 regional lawyers' associations, over 55 national lawyers' associations and over 1,000 lawyers from Africa and the Diaspora. Citing the Court case law,6 it submits that “by virtue of 3 Formerly Rule 72, Rules of Court 2010. Formerly Rule 39(1), Rules of Court 2010. 5 Request for Advisory Opinion by The African Committee of Experts on the Rights and Welfare of the Child (5 December 2014) 1 AfCLR 725, § 38. See also The Pan African Lawyers Union (PALU), ACtHPR, Request for Advisory Opinion No. 001/2018, Advisory Opinion of 4 December 2020, § 19. 6 Request for Advisory Opinion by The Centre for Human Rights, University of Pretoria, and Others (Advisory Opinion) (28 September 2017) 2 AfCLR 622, para 49. 4 6