Tanzania Case Law

belgeith v republic of tunisia application no 0172021 2022 afchpr 35 22 september 2022

Court

TANZLII

The Respondent State violated the Applicant's right to be heard and political participation by promulgating presidential decrees that suspended Parliament and abrogated constitutional provisions without lawful procedures or proportionate justification, and failed to operationalise the Constitutional Court, depriving citizens of judicial remedies. These acts breached Articles 7(1)(a), 13(1), and 1 of the Charter.

Source excerpt

• Right to be heard
• Political participation
• Self-determination
• Judicial remedies
• State sovereignty
• Admissibility

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xyz v repubic of benin 2021 afchpr 47 8 april 2021

Court

TANZLII

The African Court dismissed a request for provisional measures in a Benin electoral dispute, finding no urgency, irreparable harm, or basis for vague relief.

• Provisional measures
• Electoral process
• Judicial independence
• Political participation
• Implementation of court judgments
• Provisional-measures

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noudehouenou v republic of benin application no 0032020 2020 afchpr 60 5 may 2020

Court

TANZLII

The African Court granted provisional measures in part, ordering Benin to remove obstacles to the applicant’s candidacy in upcoming elections and dismissing other requests.

• Political participation
• Electoral rights
• Freedom of association
• Freedom of expression
• Equality and non-discrimination
• Provisional measures

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ajavon c republique du benin requete n 0622019 2020 afchpr 49 17 avril 2020

Court

TANZLII

The Court found a real and imminent risk of irreparable harm to the applicant due to the continued inscription of a criminal conviction on his record, preventing participation in the May 17, 2020 municipal elections. The Court ordered suspension of the election until a decision on the merits, rejecting suspension of laws and municipal orders as requiring substantive analysis reserved for the merits.

Source excerpt

• Provisional measures
• Political participation
• Right to life
• Judicial independence
• Electoral process
• Suspension of laws

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noudehouenou c republique du benin requete no 0032020 2020 afchpr 60 5 mai 2020

Court

TANZLII

The Court found a real and imminent risk of irreparable harm to the applicant's political rights due to administrative, judicial, and political obstacles preventing candidacy in imminent elections, satisfying the requirements for provisional measures under Article 27(2) of the Protocol.

Source excerpt

• Provisional measures
• Political participation
• Elections
• Administrative barriers
• Urgent relief

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gihana and others v rwanda application 17 of 2015 2019 afchpr 47 28 november 2019

Court

TANZLII

The Court found that the Respondent State arbitrarily revoked the applicants’ passports without legal justification or procedural safeguards, violating their rights to freedom of movement and political participation under Articles 12(2) and 13(1) of the Charter. The Court held that local remedies were not available or effective due to the applicants’ circumstances and fears for their safety. The revocation did not amount to deprivation of nationality or statelessness, and claims regarding liberty, family life, and work were unsubstantiated.

Source excerpt

• Freedom of movement
• Political participation
• Nationality
• Statelessness
• Right to work
• Right to family life

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open society justice initiative v cote divoire communication 31806 2015 achpr 1 28 february 2015

Court

ACHPR

Côte d’Ivoire’s nationality laws and practices, particularly the doctrine of 'ivoirité' and the vagueness of the nationality code, resulted in discrimination against persons of Dioula origin and others, denial of nationality, and statelessness, violating Articles 1, 2, 3, 5, 12, 13, 14, 15, 18, and 22 of the African Charter. The legislative reforms undertaken did not fully remedy these violations, as they failed to provide clear definitions, adequate procedures, or retroactive and effective remedies for affected persons. The State is required to amend its constitution and laws, implement effe…

Source excerpt

• Nationality
• Statelessness
• Discrimination
• Equality before the law
• Right to dignity
• Freedom of movement

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lawyers for human rights swaziland v kingdom of swaziland communication 41412 2013 achpr 122 24 july 2013

Court

ACHPR

The African Commission found this complaint inadmissible because it was filed 34 months after local remedies were exhausted, with no explanation for the delay.

• Admissibility of complaints
• Exhaustion of local remedies
• Political participation
• Ban on political parties
• Constitution-making process
• Admissibility

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tanganyika law society and others v united republic of tanzania mtikila v united republic of tanzania application no 0092011 application no 0112011 2013 afchpr 8

Court

TANZLII

The Court held that the prohibition of independent candidates in Tanzania, requiring all candidates for Presidential, Parliamentary, and Local Government elections to be members of and sponsored by political parties, violates Articles 2, 3, 10, and 13(1) of the African Charter. The restriction is not proportionate or necessary to achieve the stated aims of national unity or public order and is not justified under Article 27(2). The requirement compels association and discriminates against citizens not affiliated with political parties, infringing their rights to participate in government and…

Source excerpt

• Political participation
• Freedom of association
• Non-discrimination
• Equality before the law
• Exhaustion of local remedies
• Temporal jurisdiction

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mouvement ivoirien des droits humains v cote divoire communication 246 of 2002 2008 achpr 88 29 july 2008

Court

ACHPR

The African Commission found Côte d’Ivoire’s constitutional eligibility rules and immunity provisions discriminatory and inconsistent with the Charter.

• Non-discrimination
• Political participation
• Amnesty
• Equality before the law
• Effective remedy
• Political-participation

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