wangwe et legal and human rights centre c republique unie de tanzanie requete n 0112020 2023 afchpr 14 13 juin 2023

wangwe et legal and human rights centre c republique unie de tanzanie requete n 0112020 2023 afchpr 14 13 juin 2023

The Court held that the absence of prescribed qualification criteria for the appointment of the Director of Elections and Returning Officers under articles 6(1), 7(2), and 7(3) of the NEA violates Article 13(1) of the African Charter, as it fails to ensure the independence, impartiality, and competence required for...

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Citation
wangwe et legal and human rights centre c republique unie de tanzanie requete n 0112020 2023 afchpr 14 13 juin 2023
Parties
Applicant: Bob Chacha Wangwe; Applicant: Legal and Human Rights Centre; Respondent: République-Unie de Tanzanie
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2023
Procedural Posture
Human Rights Application / Final Judgment
Outcome
Application partly allowed, partly dismissed
Legal Topics
Right to Participate in Public Affairs, Equality Before the Law, Non Discrimination, Independence of Electoral Bodies, Constitutional Remedies
Source Language
en
Human Rights Law Constitutional Law Electoral Law Right to Participate in Public Affairs Equality Before the Law Non Discrimination Independence of Electoral Bodies Constitutional Remedies

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Parties

Bob Chacha Wangwe

Applicant

Legal and Human Rights Centre

Applicant

République-Unie de Tanzanie

Respondent

Procedural Posture

Human Rights Application / Final Judgment

  1. 1 Whether the nomination process for the Director of Elections and Returning Officers under the NEA violates the right to participate freely in public affairs under Article 13(1) of the African Charter
  2. 2 Whether restricting eligibility for these positions to public servants violates equality before the law and non-discrimination under Articles 2 and 3 of the Charter
  3. 3 Whether the absence of qualification criteria for these positions is compatible with the Charter

Ratio Decidendi

The Court held that the absence of prescribed qualification criteria for the appointment of the Director of Elections and Returning Officers under articles 6(1), 7(2), and 7(3) of the NEA violates Article 13(1) of the African Charter, as it fails to ensure the independence, impartiality, and competence required for such positions. However, restricting eligibility to public servants does not, in itself, violate the Charter. The Court found no violation of Articles 2 or 3 regarding non-discrimination and equality before the law, nor of Article 13(1) in relation to the mere fact of presidential appointment or restriction to public servants.

Court Disposition

Application partly allowed, partly dismissed

Orders

  • The respondent State must amend articles 6(1), 7(2), and 7(3) of the NEA to prescribe qualification criteria for the Director of Elections and Returning Officers, in conformity with the Charter, within a reasonable time.
  • The respondent State must publish the judgment on the websites of the Ministry of Justice and the Ministry of Constitutional and Legal Affairs for at least one year.