Tanzania Case Law

Hon

Court

TANZLII

The High Court lacks jurisdiction to entertain the petition because the acts complained of—namely, the suspension of the petitioner from Parliament—were conducted within the jurisdiction of the National Assembly under the Parliamentary Standing Orders and did not contravene any mandatory constitutional provisions. Article 100 of the Constitution and Section 5 of the Parliamentary Immunities, Powers, and Privileges Act bar the Court from questioning such parliamentary proceedings. The petition did not specifically challenge the constitutionality of any provision of the Standing Orders but rath…

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• Parliamentary privilege
• Separation of powers
• Judicial review
• Constitutional remedies
• Standing orders
• Jurisdiction

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confederation syndicate des travailleurs du mali c republique du mali requete n 0032017 2021 afchpr 40 25 juin 2021

Court

TANZLII

The Court lacks competence because the applicant is not an NGO with observer status before the African Commission, as required by Article 5(3) of the Protocol. The request to substitute individual applicants is denied because the rights claimed are inherently collective and not individual.

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• Access to court
• Standing of ngos
• Trade union rights
• Composition of public bodies

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national convention of teachers trade union v gabon application 12 of 2011 2011 afchpr 11 15 december 2011

Court

TANZLII

The African Court held it lacked jurisdiction over CONASYSED’s application against Gabon because the union lacked observer status and Gabon had not made the Article 34(6) declaration.

• Jurisdiction
• Trade union rights
• Access to court
• African-court-on-human-and-peoples-rights
• Access-to-court
• Trade-union-rights

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ababou v peoples democratic republic of algeria application no 0022011 2011 afchpr 27 16 june 2011

Court

TANZLII

The African Court held it lacked jurisdiction over an individual application against Algeria because Algeria had not made the declaration required for direct access.

• Jurisdiction
• Access to court
• Exhaustion of local remedies
• Forced conscription
• Direct-access
• African-court-on-human-and-peoples-rights

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samuel c le parlement panafricain requete n 0102011 2011 afchpr 9 30 septembre 2011

Court

TANZLII

The African Court on Human and Peoples' Rights lacks jurisdiction ratione personae and materiae over employment contract disputes brought against the Pan-African Parliament, as only States Parties may be respondents before the Court and such disputes fall under the AU Administrative Tribunal's competence.

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• Jurisdiction
• Access to court
• Employment contract
• Exhaustion of remedies

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ababou c republica popular e democratica da argelia peticao n o 0022011 2011 afchpr 27 16 junho 2011

Court

TANZLII

The Court lacks jurisdiction to receive the petition because Algeria has not made the required declaration under Article 34(6) of the Protocol.

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• Jurisdiction
• Access to court
• Exhaustion of domestic remedies

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registrar of societies others vs baraza la wanawake tanzania others 2001 tzca 11 25 april 2001

Court

TZCA

Section 5 of the Basic Rights and Duties Enforcement Act, 1994 should be read to allow a complainant to initiate proceedings by either petition or originating summons, not both simultaneously; the High Court does not have power to grant certiorari under the Act due to the exclusion in section 8(4), but retains wide remedial powers under section 13.

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• Access to court
• Interpretation of statutes
• Prerogative orders
• Jurisdiction
• Human rights enforcement

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20010425 TZHC Dar es Salaam

Court

TZHC

Section 5 of the Basic Rights and Duties Enforcement Act, 1994, should be read to allow a complainant to commence proceedings by either petition or originating summons, not both; the High Court does not have power to grant prerogative orders such as certiorari under the Act, but retains wide remedial powers under section 13.

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• Access to court
• Prerogative orders
• Interpretation of statutes
• Procedure for human rights enforcement

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