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Tanzania decisions
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The East African Court of Justice adopted its intervention ruling in this application, finding related intervention requests substantively identical and addressing consolidation later.
The High Court quashed the Tanganyika Law Society Electoral Appeals Committee’s decision disqualifying a presidential candidate, holding it acted ultra vires and denied a hearing.
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.
The Court found that Mali violated the applicant's right to be judged within a reasonable time, the principle of adversarial proceedings, the right to an effective remedy, the obligation to guarantee the independence of the Constitutional Court, and the obligation to create and strengthen independent and impartial electoral bodies. However, the Court found no violation regarding the right to be judged by an impartial tribunal, equality before the law, the right to vote and be elected, or the obligation to establish transparent electoral lists.
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The African Court dismissed a request for provisional measures in a Benin electoral dispute, finding no urgency, irreparable harm, or basis for vague relief.
The Court found that the applicant failed to demonstrate urgency and real, imminent risk of irreparable harm, given the delay between the electoral decree and the application. Measures sought overlapped with prior judgments already ordering legislative and regulatory changes. Requests regarding the president's mandate and participation of opposition candidates were either matters for the merits or too vague. The Court thus rejected the request for provisional measures.
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The Applicant faces a real and imminent risk of irreparable harm due to exclusion from the electoral process, stemming from the non-execution of prior judgments and a criminal conviction, justifying the suspension of the elections pending a decision on the merits. The urgency and gravity requirements for provisional measures are met; however, suspension of the cited laws is not appropriate at this stage.
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The Court found a real and imminent risk of irreparable harm to the applicant due to the continued inscription of a criminal conviction on his record, preventing participation in the May 17, 2020 municipal elections. The Court ordered suspension of the election until a decision on the merits, rejecting suspension of laws and municipal orders as requiring substantive analysis reserved for the merits.
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The request for provisional measures is moot due to the dissolution of parliament and initiation of a new electoral process; the Court acknowledges prima facie jurisdiction but declines to grant measures as circumstances have changed.
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Election petition over Musoma Urban parliamentary results dismissed after the court found only some procedural irregularities, with no proof they affected the outcome.
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