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Tanzania decisions
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The African Court found Côte d’Ivoire violated election-related rights and security of person, but rejected claims on judicial independence and credible elections.
The Court found that the circumstances presented a risk of irreparable harm to the applicant's civil and political rights, particularly his right to participate in elections, and that provisional measures were necessary to preserve these rights pending a decision on the merits.
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The Commission found that the Supreme Court of the Democratic Republic of Congo violated the applicant's rights under Articles 7(1)(a), 13, and 15 of the African Charter by invalidating his parliamentary mandate without legal basis, depriving him of participation and employment, and failing to provide motivated decisions or fair procedures. The Commission ordered compensation for lost salary and damages.
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The Court found that the applicant failed to provide sufficient documentary evidence to substantiate claims for pecuniary and non-pecuniary damages or legal costs. The Court held that its prior judgment finding violations and ordering legislative and constitutional measures constituted sufficient satisfaction for non-pecuniary harm. The respondent is ordered to report on compliance and publish the judgment.
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The amendments to Articles 21(1), 39(1)(c), and 67(1)(b) of the Constitution, introduced by Act No. 34 of 1994, unreasonably and unnecessarily restrict the fundamental right of Tanzanian citizens to participate in government by requiring political party membership for presidential and parliamentary candidacy. These restrictions violate Articles 20(4) and 21(1) of the Constitution, fail the proportionality test, and are not justified by public interest or international law. The amendments are therefore unconstitutional and void.
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The amendments to Articles 21(1), 39(1)(c), and 67(1)(b) of the Constitution, introduced by Act No. 34 of 1994, which restrict candidacy for president and member of parliament to members of political parties only, are unconstitutional as they violate the fundamental rights to freedom of association and participation in government under Articles 20(4) and 21(1). The state failed to justify the necessity and proportionality of these restrictions, and the amendments also contravene international human rights instruments to which Tanzania is a party.
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