Tanzania Case Law

national microfinance bank plc vs elizabeth alfred khairo 2023 tzca 17490 10 august 2023

Court

TZCA

The termination of the respondent was substantively unfair as it was based on her religious observance, which is constitutionally protected, and the employer failed to reasonably accommodate her beliefs. The award of compensation must comply with statutory provisions and cannot combine reinstatement and compensation; only compensation for twelve months' remuneration is proper in this case.

Source excerpt

• Unfair termination
• Freedom of religion
• Employment discrimination
• Remedies for unfair dismissal
• Procedural fairness in termination

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Rulling Misc

Court

TANZLII

The decisions of the 1st and 2nd respondents were made in excess of their jurisdiction and were unreasonable, violating the applicants' constitutional right to freedom of religion. The respondents lacked authority to close the madrassa, appoint an interim committee, and declare the assembly unlawful. The absence of proper affidavits from the respondents rendered their counter affidavit hearsay and unreliable. The applicants demonstrated sufficient interest to file the application despite the ongoing registration process of their institution.

Source excerpt

• Jurisdiction
• Freedom of religion
• Judicial review
• Unlawful assembly
• Trustee registration

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el sharkawi represented by eipr and osji v republic of egypt communication 39611 2021 achpr 521 20 october 2021

Court

ACHPR

The Commission found that the victim was subjected to torture, incommunicado detention, and degrading conditions in violation of Article 5; his detention was arbitrary, unlawful, and not under effective judicial control in violation of Article 6; he was denied fair trial rights, including access to counsel and timely trial, in violation of Article 7 and 26; his rights to freedom of religion, health, and family life were violated under Articles 8, 16, and 18; and the state failed to provide redress or adequate legislative safeguards as required by Article 1. The Commission held that Egypt's le…

Source excerpt

• Torture
• Arbitrary detention
• Fair trial
• Right to health
• Right to family life
• Freedom of religion

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noudehouenou v republic of benin application no 0032020 2020 afchpr 4 4 december 2020

Court

TANZLII

The Court found that the revision of the Constitution of Benin was not based on national consensus as required by Article 10(2) of the ACDEG, rendering the revision and related laws inconsistent with Benin’s international obligations. The Court also found that the Inter-Ministerial Decree prohibiting issuance of official documents to persons wanted by courts violated the presumption of innocence and the right to equality of access to public services. The Court dismissed other alleged violations as moot or unsubstantiated.

Source excerpt

• Constitutional amendment
• Electoral rights
• Freedom of association
• Freedom of expression
• Right to equality
• Right to effective remedy

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noudehouenou c republique du benin requete n 0032020 2020 afchpr 4 4 decembre 2020

Court

TANZLII

The constitutional revision violated the principle of national consensus under Article 10(2) CADEG, rendering all related violations moot; the administrative prohibition on issuing official documents to persons not convicted violates presumption of innocence and equality; no violation found regarding access to effective remedy or right to peace and security.

Source excerpt

• Constitutional revision
• Consensus principle
• Presumption of innocence
• Access to public services
• Participation in public affairs
• Freedom of association

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amnesty international and another v sudan communication 48 of 1990 communication 50 of 1991 communication 52 of 1991 communication 89 of 1993 2018 achpr 11 15 nov

Court

ACHPR

Sudan violated multiple provisions of the African Charter by enacting and enforcing laws and practices that enabled arbitrary detention, torture, extra-judicial executions, denial of fair trial, religious persecution, suppression of expression and association, and undermining judicial independence. The government failed to rebut credible allegations, and available remedies were ineffective or non-existent, justifying the Commission's findings of violations.

Source excerpt

• Arbitrary detention
• Torture
• Extra-judicial execution
• Fair trial
• Freedom of religion
• Freedom of expression

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african commission on human and peoples rights v kenya application no 0062012 2017 afchpr 2 26 may 2017

Court

TANZLII

The African Court found Kenya violated the Ogiek community’s rights by evicting them from the Mau Forest, except for the right to life claim, and reserved reparations.

• Right to property
• Non-discrimination
• Right to culture
• Right to development
• Freedom of religion
• Indigenous rights

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commission africaine des droits de lhomme et des peuples c republique du kenya requete n 0062012 2017 afchpr 62 26 mai 2017

Court

TANZLII

Kenya violated the Ogiek’s rights under Articles 1, 2, 8, 14, 17(2) and (3), 21, and 22 of the Charter by failing to recognize their indigenous status, denying access to ancestral lands, expelling them without consultation or compensation, and restricting their cultural and religious practices. The violations were not justified by public interest or proportionate to environmental aims. The Court orders Kenya to remedy these violations and report on implementation.

Source excerpt

• Indigenous land rights
• Discrimination
• Right to property
• Cultural rights
• Freedom of religion
• Right to development

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ezzat and another represented by egyptian initiative for personal rights interights v arab republic of egypt communication 35507 2016 achpr 12 25 february 2016

Court

ACHPR

The African Commission found Egypt violated equality and non-discrimination rights and the absolute forum internum aspect of religious freedom in the Baha’i identity-document dispute.

• Freedom of religion
• Non-discrimination
• Equality before the law
• Personal status law
• Reservations to treaties
• Freedom-of-religion

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zakaria kamwela others vs the minister of education vocational training another 2013 tzca 448 12 july 2013

Court

TZCA

The Court held that the right to freedom of religion under Article 19(1) is triggered by a genuine, sincere, and conscientiously held belief. The Circular compelling students to sing the National Anthem was not validly issued as delegated legislation, lacked the force of law, and could not lawfully serve as a restraint on the appellants' religious freedom. Disciplinary actions based on the Circular, including expulsion and suspension, were unlawful and violated both the right to freedom of religion and the right to education.

Source excerpt

• Freedom of religion
• Right to education
• Delegated legislation
• Secularism
• Fundamental rights

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