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Tanzania Case Law

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Human rights law soglo v republic of benin application 0112021 2023 afchpr 36 7 november 2023

soglo v republic of benin application 0112021 2023 afchpr 36 7 november 2023

The African Court held that the application was inadmissible because Soglo had not exhausted local remedies relating to his removal as mayor and criminal conviction.

  • Exhaustion of local remedies
  • Right to fair trial
  • Right to participate in government
  • Right to life and integrity
  • Provisional measures
  • Exhaustion-of-local-remedies
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Human rights kaunda and others v republic of malawi application 0132021 2023 afchpr 29 5 september 2023

kaunda and others v republic of malawi application 0132021 2023 afchpr 29 5 september 2023

The African Court held that Malawi did not violate Charter rights when its Supreme Court nullified an election, ordered a fresh vote, and rejected related procedural complaints.

  • Right to participate in government
  • Equal protection of the law
  • Right to be heard
  • Right to appeal
  • Electoral process
  • Electoral-law
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Human rights law wangwe and another v united republic of tanzania application no 0112020 2023 afchpr 14 13 june 2023

wangwe and another v united republic of tanzania application no 0112020 2023 afchpr 14 13 june 2023

Sections 6(1), 7(2), and 7(3) of the National Elections Act violate Article 13(1) of the African Charter because they fail to prescribe qualification criteria for the Director of Elections and returning officers, creating uncertainty and potential for abuse, and are not justified limitations. Restricting appointments to civil servants is not, in itself, a violation of the Charter. No violation was found regarding equality or non-discrimination based solely on the restriction to civil servants. The Respondent State is required to amend the impugned provisions to align with the Charter.

  • Right to participate in government
  • Equality before the law
  • Non-discrimination
  • Electoral law
  • Independence of electoral bodies
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Human rights law fathi and others v republic of tunisia application no 0012023 2023 afchpr 3 17 march 2023

fathi and others v republic of tunisia application no 0012023 2023 afchpr 3 17 march 2023

The African Court dismissed an application for provisional measures challenging Tunisia’s Decree-Law No. 2022-55 and seeking postponement of parliamentary elections.

  • Provisional measures
  • Right to participate in government
  • Non-discrimination
  • Freedom of association
  • Elections
  • Constitutional democracy
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Human rights law wangwe e centro juridico e de direitos humanos c republica unida da tanzania processo n 0112020 2023 afchpr 14 13 junho 2023

wangwe e centro juridico e de direitos humanos c republica unida da tanzania processo n 0112020 2023 afchpr 14 13 junho 2023

The Court held that the absence of prescribed qualification criteria for the appointment of the Director of Elections and for electoral officials under sections 6(1), 7(2), and 7(3) of the NEA violates Article 13(1) of the African Charter, as it fails to ensure the independence, impartiality, and competence required for such positions. The restriction of eligibility to public servants alone was not found to violate the Charter. The Court found no violation of Articles 2 or 3 of the Charter. The respondent State was ordered to amend the impugned provisions to align with the Charter.

  • Right to participate in government
  • Equality before the law
  • Non-discrimination
  • Electoral management bodies
  • Judicial remedies
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Human rights roseline emma rasolovoahangy v the republic of madagascar communication 45313 2022 achpr 12 9 march 2022

roseline emma rasolovoahangy v the republic of madagascar communication 45313 2022 achpr 12 9 march 2022

The African Commission found Madagascar violated the complainant’s rights when her presidential candidacy was annulled without a proper hearing and without justification for the residency restriction.

  • Right to fair hearing
  • Right to participate in government
  • Exhaustion of local remedies
  • Equality of arms
  • Interpretation of residency requirements
  • Fair-hearing
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Human rights law belgeith c republique tunisienne requete no 0172021 2022 afchpr 3 24 mars 2022

belgeith c republique tunisienne requete no 0172021 2022 afchpr 3 24 mars 2022

The Court found that the provisional measures requested by the applicant are identical to the relief sought on the merits and could prejudge the outcome of the case. Therefore, it decided to consider the request for provisional measures together with the merits of the application.

  • Provisional measures
  • Constitutional abrogation
  • Democratic governance
  • Right to self-determination
  • Right to participate in government
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Human rights law kaunda and others v republic of malawi application no 0132021 2021 afchpr 44 11 june 2021

kaunda and others v republic of malawi application no 0132021 2021 afchpr 44 11 june 2021

The Applicants established urgency due to the imminent by-election, but failed to demonstrate irreparable harm as financial loss, reputational damage, and legal costs are inherent or speculative and do not compromise the rights involved in an irreparable manner. Therefore, the requirements for provisional measures are not met.

  • Provisional measures
  • Right to equal protection
  • Right to be heard
  • Right to participate in government
  • Jurisdiction of the african court
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Human rights law ajavon v republic of benin application no 0652019 2021 afchpr 52 29 march 2021

ajavon v republic of benin application no 0652019 2021 afchpr 52 29 march 2021

The African Court held that Benin violated Article 30 of the Protocol and Article 1 of the Charter by not executing earlier Court decisions, and awarded 1 CFA franc in moral damages.

  • Non-compliance with court decisions
  • Right to fair trial
  • Right to non-discrimination
  • Right to participate in government
  • Execution of judgments
  • Reparations
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Human rights law xyz v repubic of benin application no 0032021 2020 afchpr 8 27 november 2020

xyz v repubic of benin application no 0032021 2020 afchpr 8 27 november 2020

The African Court found Benin violated the right to participate in government because COS-LEPI was not sufficiently independent or impartial. Other claims were rejected.

  • Right to participate in government
  • Independence and impartiality of electoral bodies
  • Equal protection of the law
  • Amendment of electoral laws
  • National and international peace and security
  • Admissibility of applications
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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.