wangwe e centro juridico e de direitos humanos c republica unida da tanzania processo n 0112020 2023 afchpr 14 13 junho 2023

wangwe e centro juridico e de direitos humanos c republica unida da tanzania processo n 0112020 2023 afchpr 14 13 junho 2023

The Court held that the absence of prescribed qualification criteria for the appointment of the Director of Elections and for electoral officials under sections 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...

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Citation
wangwe e centro juridico e de direitos humanos c republica unida da tanzania processo n 0112020 2023 afchpr 14 13 junho 2023
Parties
Applicant: Bob Chacha Wangwe; Applicant: Legal and Human Rights Centre; Respondent: República Unida da Tanzânia
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2023
Procedural Posture
Human Rights Petition / Final Judgment
Outcome
Petition partially granted
Legal Topics
Right to Participate in Government, Equality Before the Law, Non Discrimination, Electoral Management Bodies, Judicial Remedies
Source Language
en
Human Rights Law Constitutional Law Electoral Law Right to Participate in Government Equality Before the Law Non Discrimination Electoral Management Bodies Judicial Remedies

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Parties

Bob Chacha Wangwe

Applicant

Legal and Human Rights Centre

Applicant

República Unida da Tanzânia

Respondent

Procedural Posture

Human Rights Petition / Final Judgment

  1. 1 Whether the appointment process for the Director of Elections and electoral officials under the Tanzanian National Elections Act violates the right to participate in government, equality before the law, and non-discrimination as protected by the African Charter on Human and Peoples’ Rights.

Ratio Decidendi

The Court held that the absence of prescribed qualification criteria for the appointment of the Director of Elections and for electoral officials under sections 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. The restriction of eligibility to public servants alone was not found to violate the Charter. The Court found no violation of Articles 2 or 3 of the Charter. The respondent State was ordered to amend the impugned provisions to align with the Charter.

Court Disposition

Petition partially granted

Orders

  • The respondent State must take all necessary constitutional and legislative measures, within a reasonable time, to amend sections 6(1), 7(2), and 7(3) of the National Elections Act to comply with Article 13(1) of the Charter.
  • The respondent State must publish the judgment on the websites of the Ministry of Justice and the Ministry of Constitutional and Legal Affairs within three months and keep it accessible for at least one year.