Tanzania Case Law

legal and human rights centre and another v attorney general of the united republic of tanzania reference no192019 2024 eacj 5 27 march 2024

Court

EACJ

The Court found that the impugned Act passed the three-part test: the limitations were prescribed by law and clear, the objectives were pressing and substantial, and the measures were proportionate to the objectives. The Applicants failed to prove that the Act violated the Treaty or Protocol. Therefore, the challenged provisions do not contravene the cited Treaty or Protocol articles.

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• Validity of national legislation
• Public participation
• Rule of law
• Good governance
• Human rights
• Freedom of association

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alphonce lusako 3 others vs attorney general 3 others 2023 tzhc 19947 10 august 2023

Court

TZHC

High Court petition challenging Tanzania’s IGA with Dubai over public participation, sovereignty, procurement, and contract-law objections was dismissed.

• Sovereignty
• Ratification of treaties
• Public participation
• Natural resources
• Contractual capacity
• Public procurement compliance

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east africa law society v attorney general of the united republic of tanzania and another appeal 2 of 2021 2022 eacj 30 31 august 2022

Court

EACJ

Article 24(1) of the Treaty provides two disjunctive criteria for judicial appointment: either qualified for high judicial office in the Partner State or a jurist of recognized competence. The Treaty does not require public participation or stakeholder involvement in the nomination process, nor does it obligate the Secretary General to investigate nominations. The process followed by Tanzania and the Secretary General complied with the Treaty. Allegations of opacity, lack of transparency, and bias were not substantiated. The retirement age under Tanzanian law does not bar appointment under th…

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• Judicial appointments
• Treaty interpretation
• Good governance
• Public participation
• Judicial independence

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east africa law society v attorney general of united republic of tanzania and another reference 1 of 2019 2020 eacj 16 25 november 2020

Court

EACJ

The Court held that Article 24 of the Treaty provides two alternative routes for judicial appointment: either fulfilling national conditions for high judicial office or being a jurist of recognized competence. Justice Mjasiri qualified under the latter. The Treaty does not prescribe a uniform nomination process, leaving it to Partner States' discretion. No Treaty violation occurred as the required qualifications were met and the process did not breach Articles 6 or 7. The Second Respondent's obligation was limited to verifying qualifications under Article 24, and there was no obligation to es…

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• Judicial appointments
• Treaty interpretation
• Sovereignty of states
• Transparency and accountability
• Public participation

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