Tanzania Case Law

joran lwehabura bashange vs the chairman of national electoral commission and another 2023 tzhc 16367 29 march 2023

Court

TZHC

The impugned provisions are unconstitutional because they curtail the right of citizens to participate in governance through representatives freely elected by the people, as guaranteed by Article 21(1) and (2) of the Constitution. The provisions introduce a category of members of parliament and councilors who are deemed elected without a vote, which is not provided for in the Constitution. The respondents failed to justify the limitation under Article 30(2) or show that the provisions meet the proportionality test. Therefore, the impugned provisions are null and void and are struck out from t…

Source excerpt

• Right to vote
• Constitutionality of election laws
• Discrimination in electoral processes
• Interpretation of constitutional rights

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tito elia magoti another vs national electoral commission 3 others 2022 tzhc 15383 19 december 2022

Court

TZHC

Section 11(1)(c) of the National Elections Act is unconstitutional to the extent that it imposes a blanket restriction on the right to vote for all persons serving imprisonment exceeding six months, without specifying the criminal offences as required by Article 5(2)(c) of the Constitution. The Constitution only permits restriction for conviction of specified offences, not for all prisoners above a certain sentence threshold. Remandees are not restricted by law from registering or voting. The impugned provision is void for inconsistency with the Constitution.

Source excerpt

• Right to vote
• Prisoners' rights
• Constitutionality of legislation
• Universal suffrage
• Judicial review

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shumba and others represented by zimbabwe lawyers for human rights v republic of zimbabwe communication 43012 2021 achpr 522 20 october 2021

Court

ACHPR

The African Commission found no violation in Zimbabwe’s residency-based voting rules and limits on external voting, including for diaspora voters.

• Right to vote
• Non-discrimination
• Freedom of expression
• Participation in government
• Residency requirements
• External voting

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joran lwehabura bashange vs the chairman of national electoral commission and another 2021 tzhc 6745 20 october 2021

Court

TZHC

Whether a petition is frivolous or vexatious is a matter of fact requiring evidence and cannot be determined as a pure point of law through a preliminary objection. The objection raised does not meet the threshold for a preliminary objection and is therefore dismissed.

Source excerpt

• Constitutionality of election laws
• Right to vote
• Preliminary objections
• Standing
• International human rights instruments

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bocoum v republic of mali 2020 afchpr 17 23 october 2020

Court

TANZLII

The African Court held that Babarou Bocoum’s request for provisional measures against Mali had become moot after the National Assembly was dissolved.

• Provisional measures
• Right to vote
• Electoral dispute resolution
• Jurisdiction
• Mootness
• Provisional-measures

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soro and others v republic of cote divoire 2020 afchpr 32 15 september 2020

Court

TANZLII

The African Court ordered Côte d’Ivoire to stay post-April 2020 acts against Guillaume Soro and remove obstacles to his voting and candidacy rights pending the merits.

• Provisional measures
• Right to vote
• Right to be elected
• Jurisdiction of court
• Non-compliance with court orders
• Provisional-measures

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bocoum c republique du mali requete no 0232020 2020 afchpr 17 23 octobre 2020

Court

TANZLII

The request for provisional measures is moot due to the dissolution of parliament and initiation of a new electoral process; the Court acknowledges prima facie jurisdiction but declines to grant measures as circumstances have changed.

Source excerpt

• Right to vote
• Electoral process
• Provisional measures
• Judicial competence

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soro and others c republique du cote divoire requete n 0122020 2020 afchpr 32 15 septembre 2020

Court

TANZLII

The Court found that the applicant faced a real and imminent risk of irreparable harm to his rights to vote and to stand for election due to the respondent’s failure to execute the previous provisional measures order, and that the urgency and gravity of the situation justified the granting of new provisional measures to preserve the applicant’s rights pending a decision on the merits.

Source excerpt

• Provisional measures
• Right to vote
• Right to stand for election
• Due process
• Execution of court orders

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amy p kibatala vs attorney general another 2015 tzhc 4 27 october 2015

Court

TZHC

Section 104(1) of the National Elections Act prohibits any meeting on election day regardless of distance from polling stations, and restricts wearing or displaying emblems within 200 metres. The statute does not confer a right on voters or interested persons to stay beyond 200 metres from polling stations to monitor the electoral process. Only persons expressly permitted under section 72(1) may be present in the vicinity of polling or counting stations. The impugned prohibitions are legitimate and enacted pursuant to the Constitution.

Source excerpt

• Statutory interpretation
• Electoral offences
• Right to vote
• Freedom of assembly
• Judicial review

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purohit and anor v gambia communication 241 of 2001 2003 achpr 49 29 may 2003

Court

ACHPR

The African Commission found The Gambia’s mental health detention law violated the African Charter on equality, dignity, liberty, due process, voting, and health rights.

• Mental health
• Disability rights
• Detention
• Discrimination
• Right to health
• Right to vote

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