MAGOTI v AG Judgment Final 09

MAGOTI v AG Judgment Final 09

Most of the impugned provisions of the Personal Data Protection Act are constitutional as they do not violate the cited Articles of the Constitution; however, sections 22(3) and 23(3)(c) and (e) are vague and ambiguous, leading to legal uncertainty, and must be amended to provide clarity within one year, failing which they will be struck out.

Citation
MAGOTI v AG Judgment Final 09
Parties
Petitioner: Tito Magoti; Respondent: Honourable Attorney General
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2024
Procedural Posture
Constitutional Petition / Final Judgment
Outcome
petition partially allowed
Legal Topics
Constitutionality of Statutory Provisions, Right to Privacy, Data Protection, Statutory Interpretation, Limitations of Fundamental Rights
Source Language
English
Constitutional Law Data Protection Law Constitutionality of Statutory Provisions Right to Privacy Data Protection Statutory Interpretation Limitations of Fundamental Rights

Case Brief

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Parties

Tito Magoti

Petitioner

Honourable Attorney General

Respondent

Procedural Posture

Constitutional Petition / Final Judgment

Legal Issues

  1. 1 Whether sections 8(1)(2)(3), 11(1), 14(5), 19, 20, 22(3), 23(3)(c)(d)(e), 25(2)(e)(f), 26, 30, 31(2), 33(2), and 34 of the Personal Data Protection Act [CAP 44 OF 2023] are unconstitutional for violating Articles 12(1)(2), 13(1)(2)(6)(a), 16(1), 21(2), and 29(1) of the Constitution of the United Republic of Tanzania.

Ratio Decidendi

Most of the impugned provisions of the Personal Data Protection Act are constitutional as they do not violate the cited Articles of the Constitution; however, sections 22(3) and 23(3)(c) and (e) are vague and ambiguous, leading to legal uncertainty, and must be amended to provide clarity within one year, failing which they will be struck out.

Court Disposition

petition partially allowed

Orders

  • Sections 22(3) and 23(3)(c) and (e) of the Personal Data Protection Act must be amended within one year to provide legal certainty; otherwise, they will be struck out.
  • All other impugned provisions are declared constitutional.