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Tanzania Case Law

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Administrative law 20171031 TZHC Dar es Salaam 2

20171031 TZHC Dar es Salaam 2

The applicant established a prima facie case for judicial review by alleging breach of natural justice and lack of statutory authority by the Minister; leave to file for judicial review is granted. However, a stay order cannot be granted as there are no ongoing proceedings to stay, only a completed administrative decision.

  • Judicial review
  • Natural justice
  • Ultra vires
  • Freedom of the press
  • Stay of administrative orders
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Constitutional law media legal defence initiative and ors v ssembuusi and anor application 4 of 2015 2016 eacj 119 28 june 2016

media legal defence initiative and ors v ssembuusi and anor application 4 of 2015 2016 eacj 119 28 june 2016

The court allowed media and human-rights groups to join as amici curiae in a reference challenging Uganda’s criminal defamation laws.

  • Freedom of expression
  • Freedom of the press
  • Criminal defamation
  • Amicus curiae
  • Access to information
  • Amicus-curiae
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Constitutional law burundian journalists union v attorney general of republic of burundi reference 7 of 2013 2015 eacj 91 15 may 2015

burundian journalists union v attorney general of republic of burundi reference 7 of 2013 2015 eacj 91 15 may 2015

Certain provisions of the Burundi Press Law, specifically Article 19(b), (g), (i), part of (j) and Article 20, impose unreasonable, disproportionate, and unjustified restrictions on press freedom and freedom of expression, violating Burundi’s obligations under Articles 6(d) and 7(2) of the Treaty for the Establishment of the East African Community. The EACJ has jurisdiction to determine Treaty violations regardless of national court decisions.

  • Freedom of expression
  • Freedom of the press
  • Treaty interpretation
  • Good governance
  • Democracy
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Constitutional law forsc and ors v burundian journalists union and anor application 2 of 2014 2014 eacj 137 15 august 2014

forsc and ors v burundian journalists union and anor application 2 of 2014 2014 eacj 137 15 august 2014

Applicants demonstrated sufficient interest and expertise in press freedom; admission as amici curiae will assist the Court and serve the interests of justice. Only one brief will be filed by the applicants, and no prejudice will be caused to the respondents.

  • Freedom of expression
  • Freedom of the press
  • Amicus curiae
  • East african community treaty interpretation
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Human rights law woods and another v liberia communication 256 of 2002 2003 achpr 51 20 november 2003

woods and another v liberia communication 256 of 2002 2003 achpr 51 20 november 2003

The communication is inadmissible because the complainants failed to provide submissions on exhaustion of domestic remedies as required by Article 56(5) of the African Charter.

  • Arbitrary detention
  • Exhaustion of local remedies
  • Freedom of the press
  • Due process
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Human rights law constitutional rights project and another v nigeria communication 102 of 1993 1998 achpr 2 31 october 1998

constitutional rights project and another v nigeria communication 102 of 1993 1998 achpr 2 31 october 1998

The African Commission found Nigeria violated Charter rights by annulling the 1993 election, detaining activists and journalists, and proscribing publications.

  • Right to participate in government
  • Right to liberty
  • Freedom of expression
  • Arbitrary detention
  • Freedom of the press
  • Ouster clauses
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Human rights law free legal assistance group and others v drc 2589 4790 5691 1009 1995 achpr 13 31 october 1995

free legal assistance group and others v drc 2589 4790 5691 1009 1995 achpr 13 31 october 1995

The African Commission found serious and massive violations of the African Charter in joined complaints against Zaire, including torture, detention, unfair trials, and restrictions on rights.

  • Torture
  • Arbitrary detention
  • Extrajudicial execution
  • Unfair trial
  • Freedom of association
  • Freedom of assembly
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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.