TLS and Others v Tanzania (merits) (2013) 1 AfCLR 34
71
jurisdiction on the Court (See Articles 3 and 5 of the Protocol). How
could one consider an objection challenging the jurisdiction of the Court
while disregarding the date of entry into force of the Protocol conferring
the said jurisdiction on the Court? To me, that is simply inconceivable.
17. Once again, in my opinion, to adequately respond to the specific
argument raised by the 2nd Applicant, the Court ought to have clearly
endorsed the Respondent’s position, and indicated that the relevant
date to be considered with regard to the Respondent in determining its
ratione temporis jurisdiction in this matter, should be that of the entry
into force of the Protocol establishing the Court, then subsequently rely
on the continuing nature of the alleged violation in order to determine
its jurisdiction.