makungu c republique unie de tanzanie requete n 0062016 2018 afchpr 13 7 decembre 2018

makungu c republique unie de tanzanie requete n 0062016 2018 afchpr 13 7 decembre 2018

The Court found that the State's failure to provide the applicant with certified copies of court records and judgments for over twenty years prevented him from exercising his right to appeal, constituting a violation of Article 7(1)(a) of the Charter. The Court found no evidence of violations of the rights to...

Source-derived case information.

Citation
makungu c republique unie de tanzanie requete n 0062016 2018 afchpr 13 7 decembre 2018
Parties
Applicant: Mgosi Mwita Makungu; Respondent: Republique-Unie de Tanzanie
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2018
Procedural Posture
Human Rights Application / Final Judgment
Outcome
Application partly allowed
Legal Topics
Right to Appeal, Equality Before the Law, Non Discrimination, Access to Justice
Source Language
en
Human Rights Law Criminal Procedure Right to Appeal Equality Before the Law Non Discrimination Access to Justice

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Parties

Mgosi Mwita Makungu

Applicant

Republique-Unie de Tanzanie

Respondent

Procedural Posture

Human Rights Application / Final Judgment

  1. 1 Whether the failure to provide certified copies of court records and judgments violated the applicant's right to appeal under Article 7(1)(a) of the African Charter
  2. 2 Whether the applicant's rights to equality before the law and equal protection of the law under Article 3(1) and (2) of the Charter were violated
  3. 3 Whether the applicant's right to non-discrimination under Article 2 of the Charter was violated

Ratio Decidendi

The Court found that the State's failure to provide the applicant with certified copies of court records and judgments for over twenty years prevented him from exercising his right to appeal, constituting a violation of Article 7(1)(a) of the Charter. The Court found no evidence of violations of the rights to equality before the law or non-discrimination, as the applicant did not substantiate these claims.

Court Disposition

Application partly allowed

Orders

  • The State is ordered to provide the applicant with certified copies of the court records and judgments in criminal cases 244/1995 and 278/1995 within 30 days.
  • The State is ordered to release the applicant within 30 days of the judgment.