Tanzania Case Law

kaunda et autres c republique du malawi requete n 0132021 2023 afchpr 29 5 septembre 2023

Court

TANZLII

The Court found that the Supreme Court of Malawi acted within its competence in annulling the election and ordering a new one based on evidence of irregularities, and that the applicants failed to demonstrate any manifest error, discrimination, or denial of fair hearing. The respondent State did not violate the applicants’ rights under Articles 3(2), 7(1), 7(1)(a), or 13(1) of the African Charter.

Source excerpt

• Right to equal protection of the law
• Right to a fair hearing
• Right to effective remedy
• Right to participate in public affairs
• Electoral dispute resolution

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mariko v republic of mali 2022 afchpr 6 24 march 2022

Court

TANZLII

The African Court partly upheld Oumar Mariko’s complaint over Mali’s 2018 presidential election, finding violations of fair-hearing rights and judicial independence.

• Right to fair trial
• Judicial independence
• Electoral body independence
• Adversarial proceedings
• Effective remedy
• Equality before the law

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bocoum v republic of mali 2020 afchpr 17 23 october 2020

Court

TANZLII

The African Court held that Babarou Bocoum’s request for provisional measures against Mali had become moot after the National Assembly was dissolved.

• Provisional measures
• Right to vote
• Electoral dispute resolution
• Jurisdiction
• Mootness
• Provisional-measures

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ngandu c republique democratique du congo communication 43312 2016 achpr 11 25 fevrier 2016

Court

ACHPR

The Commission found that the Supreme Court of the Democratic Republic of Congo violated the applicant's rights under Articles 7(1)(a), 13, and 15 of the African Charter by invalidating his parliamentary mandate without legal basis, depriving him of participation and employment, and failing to provide motivated decisions or fair procedures. The Commission ordered compensation for lost salary and damages.

Source excerpt

• Right to fair trial
• Right to political participation
• Right to work
• Electoral dispute resolution

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