Tanzania Case Law

tanzania women lawyers association vs hon minister for constitutional and legal affairs another 2023 tzhc 19134 18 july 2023

Court

TZHC

The applicant demonstrated sufficient interest as a stakeholder and invitee in the process of amending the Law of Marriage Act, with objectives aligned to gender equality and rule of law. The court held that technical rules of locus standi should not prevent associations from bringing matters of public law to court, especially at the leave stage. The application for leave was therefore granted.

Source excerpt

• Locus standi
• Leave for judicial review
• Rule of law
• Independence of judiciary
• Public interest litigation

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mpale kaba mpoki vs attorney general 2022 tzhc 15676 1 december 2022

Court

TZHC

The High Court lacks jurisdiction to entertain petitions challenging the harmonization of constitutional articles unless expressly empowered by the Constitution; such matters are for Parliament. The preliminary objection regarding jurisdiction is meritorious.

Source excerpt

• Separation of powers
• Independence of judiciary
• Appointment of judicial officers
• Jurisdiction
• Locus standi

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belghuith v tunisian republic aplication no 0022022 2022 afchpr 67 23 june 2022

Court

TANZLII

The African Court joined a request for provisional measures with the merits because the interim relief sought overlapped with the substantive claims.

• Right to self-determination
• Right to participate in public affairs
• Independence of judiciary
• Separation of powers
• Provisional measures
• Provisional-measures

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xyz c republique du benin requete n 0032021 2021 afchpr 47 8 avril 2021

Court

TANZLII

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.

Source excerpt

• Provisional measures
• Independence of judiciary
• Electoral process
• Non-discrimination
• Freedom of expression
• Freedom of association

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tembani and anor v ango and others communication 409 of 2012 2014 achpr 4 30 april 2014

Court

ACHPR

Articles 7 and 26 of the African Charter guarantee access to and independence of national courts, not international tribunals such as the SADC Tribunal. The Respondent States do not have a Charter obligation to ensure access to or the independence of the SADC Tribunal. Therefore, the suspension and ouster of the SADC Tribunal do not constitute a violation of the African Charter by the Respondent States.

Source excerpt

• Access to justice
• Right to fair trial
• Independence of judiciary
• State responsibility
• Exhaustion of local remedies

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egyptian initiative for personal rights and another v egypt communication 334 of 2006 2011 achpr 110 3 march 2011

Court

ACHPR

The Commission found that the victims were subjected to torture and ill-treatment while in state custody, denied prompt access to medical care and legal counsel, tried by a court lacking independence and impartiality, convicted on confessions obtained under torture, and denied the right to appeal. These constituted violations of Articles 5, 7(1)(a), (d), and 26 of the African Charter. The Commission held that the imposition of the death penalty in these circumstances would amount to arbitrary deprivation of life, but as the victims had not yet been executed, Article 4 was not violated.

Source excerpt

• Torture and ill-treatment
• Right to fair trial
• Right to counsel
• Independence of judiciary
• Death penalty
• Right to life

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katabazi and others v secretary general of east african community and another reference no 1 of 2007 2007 eacj 3 11 november 2007

Court

EACJ

The EACJ held that Uganda’s interference with a High Court bail order violated the rule of law under the Treaty. It also held the Secretary General could investigate on own initiative.

• Rule of law
• Independence of judiciary
• Treaty interpretation
• Jurisdiction
• Res judicata
• Rule-of-law

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media rights agenda v nigeria communication 224 of 1998 2000 achpr 24 6 november 2000

Court

ACHPR

The African Commission found Nigeria in violation of multiple Charter rights after Niran Malaolu’s arrest, secret trial by military tribunal, detention, and conviction.

• Arbitrary detention
• Fair trial
• Freedom of expression
• Independence of judiciary
• Torture and inhuman treatment
• Arbitrary-detention

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centre for free speech v nigeria communication 206 of 1997 1999 achpr 4 15 november 1999

Court

ACHPR

Local remedies were non-existent or ineffective due to military decrees ousting court jurisdiction; the trial and conviction of journalists by a military tribunal violated Articles 6, 7(1)(a) and (c), and 26 of the African Charter, as well as Principle 5 of the UN Basic Principles.

Source excerpt

• Right to liberty
• Right to fair trial
• Independence of judiciary
• Military tribunals
• Freedom of expression

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