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Tanzania decisions
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The High Court held that a defective affidavit could be cured by amendment, but it lacked jurisdiction to order constitutional harmonisation or amendment.
The Court found that the revision of the Constitution of Benin was not based on national consensus as required by Article 10(2) of the ACDEG, rendering the revision and related laws inconsistent with Benin’s international obligations. The Court also found that the Inter-Ministerial Decree prohibiting issuance of official documents to persons wanted by courts violated the presumption of innocence and the right to equality of access to public services. The Court dismissed other alleged violations as moot or unsubstantiated.
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The Applicant failed to provide proof of extreme gravity, urgency, or risk of serious and irreparable harm that would occur before the Court rules on the merits; therefore, the request for provisional measures is dismissed.
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The Court found that the process of constitutional amendment in Benin violated the principle of national consensus as required by Article 10(2) of the CADEG, and that the independence of the Constitutional Court was not guaranteed due to the renewable nature of judges' mandates without clear criteria. The Court also found violations of the right to information, the right to development, and the right to peace and security. However, the Court found no violation of the right to an impartial tribunal, as the applicant failed to provide credible evidence of actual bias. The Court awarded symbolic…
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The applicant failed to demonstrate extreme urgency or risk of grave and irreparable harm that would occur before the Court's final decision; therefore, the conditions for provisional measures under Article 27 of the Protocol are not met.
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The Court declined to grant interim measures because the referendum had already taken place, rendering the request moot and overtaken by events.
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The Commission found that the requirement for presidential candidates to prove both parents were Zambians by birth or descent is discriminatory, violates the right to equality and political participation, and is incompatible with Articles 2, 3(1), and 13 of the African Charter. Justification based on popular will or parliamentary sovereignty does not excuse Charter violations.
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