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Tanzania Case Law

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Constitutional law joran lwehabura bashange vs minister for constitutiona legal affairs anotherl 2024 tzhc 774 13 march 2024

joran lwehabura bashange vs minister for constitutiona legal affairs anotherl 2024 tzhc 774 13 march 2024

Court
TZHC

Section 44(1) and (2) of the Law of Limitation Act are void to the extent of their inconsistency with the Constitution, as they confer judicial powers on the Executive, lack procedural safeguards, deny the right to be heard, are discriminatory, arbitrary, and create legal absurdity. These provisions violate Articles 13(1), (2), (3), (6)(a), 26(1), and 29(1) of the Constitution, as well as domesticated international human rights instruments. The absence of procedural fairness, right of appeal, and the potential for bias render the provisions unconstitutional.

Source excerpt

  • Separation of powers
  • Judicial review
  • Equality before the law
  • Due process
  • Right to be heard
  • Extension of limitation periods
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Human rights law zimbabwe lawyers for human rights and another v republic of zimbabwe communication 284 of 2003 2009 achpr 97 3 april 2009

zimbabwe lawyers for human rights and another v republic of zimbabwe communication 284 of 2003 2009 achpr 97 3 april 2009

Court
ACHPR

The Commission found that the Supreme Court's refusal to hear the merits of the complainants' constitutional challenge, based on the 'dirty hands' doctrine, did not violate Articles 3 or 7 of the Charter, as the Court addressed the preliminary issue and did not close its doors to the complainants. However, the Commission held that the respondent state's actions in closing the newspaper, seizing assets, and preventing publication were disproportionate and violated the complainants' rights to freedom of expression (Article 9(2)), property (Article 14), and work (Article 15) under the African Ch…

Source excerpt

  • Freedom of expression
  • Right to property
  • Right to work
  • Judicial remedies
  • Proportionality
  • Exhaustion of local remedies
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Constitutional law NA TZHC Dar es Salaam

NA TZHC Dar es Salaam

Court
TZHC

The 'takrima' provisions are discriminatory, unnecessary, and violate Articles 13(1), 13(2), and 21(1) and (2) of the Constitution. Legal persons have locus standi. The impugned provisions are null and void and should be struck out.

Source excerpt

  • Discrimination
  • Locus standi
  • Proportionality
  • Corrupt practices
  • Takrima provisions
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About this LexChat collection

Tanzania decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.