Tanzania Case Law

zorgati v republic of tunisia application no 0162021 2024 afchpr 32 13 november 2024

Court

TANZLII

The Court found that the Tunisian people participated indirectly in the drafting and adoption of the 2014 Constitution through their elected representatives, so the absence of a referendum did not violate Article 20. However, the Respondent State violated Article 26 by interfering in the independence of the judiciary through Decree-Law No. 2022-11 and failing to establish the Constitutional Court, and violated the independence of the legislature by suspending and dissolving the Assembly of People’s Representatives and assuming legislative powers for an extended period.

Source excerpt

• Self-determination
• Judicial independence
• Separation of powers
• Admissibility
• Jurisdiction
• Reparations

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zayd v republic of tunisia application no 0052022 2022 afchpr 50 16 december 2022

Court

TANZLII

The African Court dismissed all interim relief requests in a Tunisian provisional-measures case, finding the election-related requests would prejudice the merits.

• Provisional measures
• Parliamentary immunity
• Military courts
• Right to fair trial
• Freedom of movement
• Judicial independence

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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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belghuith v tunisian republic aplication no 0022022 2022 afchpr 67 23 june 2022

Court

TANZLII

The African Court joined a request for provisional measures with the merits because the interim relief sought overlapped with the substantive claims.

• Right to self-determination
• Right to participate in public affairs
• Independence of judiciary
• Separation of powers
• Provisional measures
• Provisional-measures

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belgheith v republic tunisia application no 0172021 2022 afchpr 3 24 march 2022

Court

TANZLII

The African Court consolidated provisional measures with the merits, holding that the requested interim relief overlapped with the substance of the case and could prejudice it.

• Provisional measures
• Abrogation of constitution
• Democratic process
• Self-determination
• Participation in government
• Judicial remedies

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zayd c republique tunisienne requete no 0052022 2022 afchpr 50 16 decembre 2022

Court

TANZLII

The Court found no real and imminent risk of irreparable harm connected to the alleged rights that would justify granting provisional measures. The requests either related to the merits or lacked sufficient justification. The Court therefore rejected all requests for provisional measures.

Source excerpt

• Parliamentary dissolution
• Provisional measures
• Judicial independence
• Fair trial
• Freedom of movement
• Non-discrimination

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mornah v republic of benin and others 2020 afchpr 42 25 september 2020

Court

TANZLII

The African Court granted Mauritius leave to intervene in Bernard Anbataayela Mornah’s case, finding a sufficient legal interest based on decolonization and self-determination.

• Intervention
• Self-determination
• Decolonization
• Jurisdiction
• African charter on human and peoples’ rights
• African-court-on-human-and-peoples-rights

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mgwanga gunme v cameroon communication 266 of 2003 2009 achpr 99 27 may 2009

Court

ACHPR

The African Commission found Cameroon violated several Charter rights of Southern Cameroonians, but rejected secession and urged dialogue and reforms.

• Discrimination
• Right to self-determination
• Right to fair trial
• Right to life
• Right to liberty and security
• Right to assembly

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democratic republic of congo v burundi and others communication 227 of 1999 2003 achpr 41 29 may 2003

Court

ACHPR

The armed intervention, occupation, and actions of Burundi, Rwanda, and Uganda in the eastern provinces of the DRC constituted violations of the African Charter on Human and Peoples' Rights, including the rights to self-determination, peace and security, property, health, education, and the free disposal of natural resources. The Commission found that the Respondent States' conduct, including massacres, rapes, deportations, looting, and occupation, was inconsistent with their obligations under the Charter and international law. The Commission relied on Articles 2, 4, 5, 12(1) and (2), 14, 16,…

Source excerpt

• Armed aggression
• State responsibility
• Massive human rights violations
• Self-determination
• Illegal exploitation of natural resources
• Reparations

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katangese peoples congress v zaire communication 72 of 1992 1992 achpr 3 1 january 1992

Court

ACHPR

The African Commission held that Katanga’s request for independence had no merit under the African Charter and found no evidence of rights violations.

• Self-determination
• Territorial integrity
• Territorial-integrity
• Human-rights
• African-charter

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