Tanzania Case Law

centre for human rights and others v united republic of tanzania application no 0192018 2025 afchpr 4 5 february 2025

Court

TANZLII

The Court found that Tanzania violated the rights of persons with albinism by failing to take sufficient measures to prevent, investigate, and punish attacks, killings, and discrimination; by failing to provide adequate education and health services; and by not ensuring the best interests of children with albinism. The State’s legislative and policy measures were found insufficient, and the violations were attributable to the State due to lack of due diligence and effective remedies.

Source excerpt

• Non-discrimination
• Right to life
• Prohibition of torture
• Right to dignity
• Effective remedy
• Rights of the child

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dembele and others v republic of mali application no 0232017 2024 afchpr 10 4 june 2024

Court

TANZLII

The African Court found no violation in Mali’s refusal to regularise police officers’ promotion and training applications, and dismissed the case.

• Equality before the law
• Non-discrimination
• Access to public service
• Promotion in public employment
• Right to education
• Exhaustion of local remedies

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democratic republic of the congo v republic of rwanda application no 0072023 2024 afchpr 6 7 march 2024

Court

TANZLII

The African Court dismissed DRC’s request for expedited procedure, holding it could not abridge defence-related time limits, but listed the case for priority handling.

• Expedited procedure
• Right to effective remedy
• Right to life
• Right to dignity
• Prohibition of torture
• Right to liberty

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republique democratique du congo c republique du rwanda requete n0072023 2024 afchpr 6 7 mars 2024

Court

TANZLII

The Court rejected the request for expedited procedure because the respondent did not expressly waive its right to the 90-day response period, and the complexity of the case did not justify shortening the deliberation period. However, the Court decided to give priority to the examination of the application due to the seriousness of the alleged violations.

Source excerpt

• Expedited procedure
• Right to effective remedy
• Right to life
• Right to dignity
• Prohibition of torture
• Right to education

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alexander barunguza vs higher education student s loan board another 2023 tzhc 19975 8 march 2023

Court

TZHC

The right to education, as provided under Article 11(2) and Part II of the Constitution, is not enforceable in courts of law due to Article 7(2); the petition seeks to enforce a non-justiciable right and is therefore incompetent and an abuse of court process.

Source excerpt

• Right to education
• Right to life
• Directive principles
• Judicial review
• Statutory interpretation

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mwambipile and another v united republic of tanzania application no 0422020 2022 afchpr 38 1 december 2022

Court

TANZLII

The application is inadmissible because the same issues regarding the expulsion and exclusion of pregnant and parenting girls from Tanzanian public schools have already been settled by the African Committee of Experts on the Rights and Welfare of the Child (ACERWC) in Communication No: 0012/Com/001/2019, fulfilling the cumulative criteria for settlement under Article 56(7) of the Charter and Rule 50(2)(g) of the Rules.

Source excerpt

• Right to education
• Non-discrimination
• Children's rights
• Women's rights
• Admissibility of applications
• Res judicata / settled matters

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chepkwony v attorney general of the republic of kenya reference 17 of 2018 2022 eacj 22 28 september 2022

Court

EACJ

The EACJ dismissed a challenge over Mau Forest evictions, finding jurisdiction and a valid cause of action, but holding the applicant failed to prove education-rights violations.

• Right to education
• Eviction
• Discrimination
• Good governance
• Rule of law
• Treaty interpretation

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sangare and others v republic of mali application no 0072019 2022 afchpr 16 23 june 2022

Court

TANZLII

The African Court held that Mali did not discriminate against police officers excluded from training and promotion, and that its rules on prior authorisation were reasonable.

• Equality before the law
• Non-discrimination
• Access to public service
• Right to education
• Promotion in public employment
• Equality-before-the-law

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mwambipile and another v united republic of tanzania application no 0422020 2021 afchpr 13 29 november 2021

Court

TANZLII

The African Court decided to hear the applicants’ request for provisional measures together with the merits in a challenge to Tanzania’s school exclusion policy for pregnant girls and young mothers.

• Right to education
• Non-discrimination
• Provisional measures
• Pregnant students exclusion
• Right-to-education
• Provisional-measures

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mwambipile c republique unie de tanzanie requete n0422020 2021 afchpr 13 29 novembre 2021

Court

TANZLII

The Court found that the request for provisional measures and the main application are indissociably linked, and that ruling on the provisional measures would amount to ruling on the merits. Therefore, the Court decided to join the request for provisional measures to the merits for joint consideration.

Source excerpt

• Right to education
• Non-discrimination
• Provisional measures
• Expulsion of pregnant students

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