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Tanzania decisions
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The African Court dismissed an application for provisional measures challenging Tunisia’s Decree-Law No. 2022-55 and seeking postponement of parliamentary elections.
Applicants failed to demonstrate the required urgency, extreme gravity, or irreparable harm for suspension of the decree-law. The request to postpone elections was moot as the elections had already occurred before the application was filed. Both requests for provisional measures were rejected.
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The African Court partly upheld Oumar Mariko’s complaint over Mali’s 2018 presidential election, finding violations of fair-hearing rights and judicial independence.
The applicant failed to establish a direct link between the alleged violations and the legislative elections, and did not demonstrate the existence of a real and imminent risk of irreparable harm justifying provisional measures. The request for provisional measures could not be distinguished from the merits of the main application.
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The Court found a real and imminent risk of irreparable harm to the applicant's political rights due to administrative, judicial, and political obstacles preventing candidacy in imminent elections, satisfying the requirements for provisional measures under Article 27(2) of the Protocol.
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The EACJ dismissed an application for interim orders over Burundi’s 2015 election dispute, holding it lacked jurisdiction to review national constitutional questions.
The High Court struck out an application for judicial review, holding that Tanzania Red Cross Society election matters were private and not subject to public law remedies.
The Court of Appeal of Tanzania adjourned the civil appeal for two months, citing late service of authorities and the need to keep the High Court ruling in force pending appeal.
The appeal was withdrawn after a constitutional amendment made the independent-candidate issue academic. The cross-appeal on newspapers and appointments was dismissed.
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