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Tanzania Case Law

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Human rights law boateng and others v republic of ghana 2020 afchpr 10 27 november 202

boateng and others v republic of ghana 2020 afchpr 10 27 november 202

Court
TANZLII

The Court lacks temporal jurisdiction because the alleged violations and enactment of relevant laws occurred before the Respondent State became party to the Charter and Protocol and deposited the Declaration. The acts were instantaneous, not continuing, and their effects ceased with implementation. Only the Republic of Ghana is properly before the Court as Respondent.

Source excerpt

  • Right to property
  • Indigenous rights
  • Jurisdiction
  • Temporal jurisdiction
  • Compulsory acquisition
  • Access to justice
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Human rights law 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

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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Human rights law ayants droit de feus norbert zongo abdoulaye ntkiema dit ablasse ernest zongo et blaise ilboudo le mouvement burkinabe des droits de lhomme et des peuples c burki

ayants droit de feus norbert zongo abdoulaye ntkiema dit ablasse ernest zongo et blaise ilboudo le mouvement burkinabe des droits de lhomme et des peuples c burki

Court
TANZLII

The Court lacks temporal jurisdiction over the alleged violation of the right to life arising from the 1998 assassinations, as these acts predate the Protocol's entry into force for Burkina Faso. However, the Court has temporal jurisdiction over alleged continuing violations relating to the right to a fair hearing and related rights, to the extent these are directly linked to the failure to investigate and prosecute after the Protocol's entry into force. The objection on non-exhaustion of domestic remedies is not exclusively preliminary and is joined to the merits. The application was filed w…

Source excerpt

  • Right to life
  • Right to a fair trial
  • Freedom of expression
  • Exhaustion of domestic remedies
  • Temporal jurisdiction
  • Reasonable time for filing
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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.