Tanzania Act or statute

Parliament of Tanzania

THE BASIC RIGHTS AND DUTIES ENFORCEMENT ACT, 1994

appealscourt hearingscourt jurisdictioncourt procedurecourt redresscourt remediesdefinitionsevidencejudicial powersjudicial referraljudicial remedieslitigationlitigation procedurepetition procedurepetition requirementspetition service

Jurisdiction: Tanzania
Structure: 15 provisions
Citation: THE BASIC RIGHTS AND DUTIES ENFORCEMENT ACT
Official identity: Year 1994
Dates: Enacted 1994

More statute details

Official identity: Year 1994
Dates: Enacted 1994

On this page

Professional statute overview

Enactment structure, operative effect and source provenance

Official source

Purpose and legislative effect

“This section gives the Act’s short title and says it applies to Tanzania Zanzibar and Mainland Tanzania for suits concerning Articles 12 to 29 of the Constitution.”

This section gives the Act’s short title and says it applies to Tanzania Zanzibar and Mainland Tanzania for suits concerning Articles 12 to 29 of the Constitution. This section defines key terms used in the Act. This section says the Act applies only to enforcing the basic rights and duties set out in Part III of Chapter One of the Constitution. A person who says constitutional rights in Articles 12 to 29 were, are being, or may be violated in relation to him may apply to the High Court for redress, but the application must be supported by an affidavit and other remedies must be exhausted first. An application to the High Court under section 4 must be made by petition filed in the appropriate High Court Registry by originating summons.

How the instrument operates

01
Start with the recorded version

Enacted 1994. The date shown identifies this source expression and should not be treated as proof that no later change exists.
02
Locate the controlling provision

Use the provision map, part headings and full-text filter to move from the broad subject to the exact legal language.
03
Read conditions and exceptions together

Keep subsections, definitions, provisos and cross-references in context before drawing a legal conclusion.
04
Verify currency and official wording

Confirm later legislation, commencement notices and corrections with the official publisher before advice, filing or reliance.

Research entry points

Selected provisions across the instrument. Open any row to continue with the exact stored text.

Short title

This section gives the Act’s short title and says it applies to Tanzania Zanzibar and Mainland Tanzania for suits concerning Articles 12 to 29 of the Constitution.

Section 1

Application to be made by petition

An application to the High Court under section 4 must be made by petition filed in the appropriate High Court Registry by originating summons.

Section 5

9. Where matter arises in subordinate court

The High Court may hear certain constitutional applications and related questions, and may issue orders or directions to enforce Articles 12 to 29, but it must not do so where other adequate redress exists or the case is frivolous or vexatious.

Section 8

Form of evidence

The High Court may decide to receive evidence by affidavit instead of, or as well as, oral evidence.

Section 12

Rules of procedure

The Chief Justice may make procedural rules for the High Court and subordinate courts, after consulting the Minister, including rules about application time limits and references from subordinate courts.

Section 15

Source and current-law status

Source record view

Source record from oagmis.oag.go.tz · Enacted 1994

Verify current force

The source record does not state a definitive current-law status. Check the official publisher and later amendments before relying on this text.

For advice, pleadings, or compliance decisions, retain the official source and confirm the current consolidated provision.

Official record

Source-indexed provision map

Sections and provisions

Search by section, heading, part or exact legal wording. Every result remains linked to the stored source record.

Search within this statute

Search all stored provisions in this version.

Showing 15 of 15 provisions

Provision 13Short titleSubstitution

§ 1Short titleShort title

This section gives the Act’s short title and says it applies to Tanzania Zanzibar and Mainland Tanzania for suits concerning Articles 12 to 29 of the Constitution.

1.–(1) This Act may be cited as the Basic Rights and Duties Enforcement Act. (2) This Act shall apply to Tanzania Zanzibar as well as to Mainland Tanzania in relation to all suits the courses of action in which concern the provisions of Articles 12 to 29 of the Constitution of the United Republic, 1977.

Section 1Verify source

§ 23. ApplicationProvision

This section defines key terms used in the Act.

2.–(1) In this Act, unless the context requires otherwise- “act” includes any decision, determination, advice or recommendation made under a power or duty conferred or imposed by the Constitution or by any written law; “administrative act or omission” means an act or omission of a Minister, public official, tribunal, board, committee, local government authority or other authority of the Government exercising, purporting to exercise or failing to exercise any power or duty conferred or imposed by the Constitution or by any written law in furtherance of basic rights and duties; Cap. 2 “Constitution” means the Constitution of the United Republic of Tanzania, 1977; “Minister” means the Minister responsible for legal affairs; “subordinate court” means any court of a magistrate of any Cap. 11 level established under the Magistrates’ Courts Act. 172 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE BASIC RIGHTS AND DUTIES ENFORCEMENT ACT [CAP. 3 R.E. 2023] Application

Section 2Verify source

§ 3ApplicationProvision

This section says the Act applies only to enforcing the basic rights and duties set out in Part III of Chapter One of the Constitution.

3. This Act shall apply only for the purposes of enforcing the provisions of the basic rights and duties set out in Part III of Chapter One of the Constitution. Right to apply to High Court for redress Act No. 6 of 2020 s. 7 Cap. 391

Section 3Verify source

Part

Chapter One of the Constitution.

§ 4Right to apply to High Court for redressProvision

A person who says constitutional rights in Articles 12 to 29 were, are being, or may be violated in relation to him may apply to the High Court for redress, but the application must be supported by an affidavit and other remedies must be exhausted first.

4.–(1) Where any person alleges that any of the provisions of Articles 12 to 29 of the Constitution has been, is being or is likely to be contravened in relation to him, he may, without prejudice to any other action with respect to the same matter that is lawfully available, apply to the High Court for redress. (2) Without prejudice to the provisions of the Commission for Human Right and Good Governance Act, relating to powers of the Commission to institute proceedings, an application under subsection (1) shall not be admitted by the High Court unless it is accompanied by an affidavit stating the extent to which the contravention of the provisions of Articles 12 to 29 of the Constitution has affected such person personally. (3) For avoidance of doubt, a person exercising the right provided for under Article 26(2) of the Constitution shall abide with the provisions of Article 30(3) of the Constitution. (4) Notwithstanding any provisions to the contrary, where redress is sought against the President, Vice-President, Prime Minister, the Speaker, Deputy Speaker or Chief Justice for any act or omission done in the performance of their duties, a petition shall only be brought against the Attorney General. (5) A petitioner shall, prior to seeking redress under this Act, exhaust all available remedies under any other written laws. Application to be made by petition

Section 4Verify source

§ 5Application to be made by petitionProvision

An application to the High Court under section 4 must be made by petition filed in the appropriate High Court Registry by originating summons.

5. An application to the High Court in pursuance of section 4 shall be made by petition to be filed in the appropriate Registry of the High Court by originating summons. Contents of petition

Section 5Verify source

§ 6Contents of petitionProvision

A petitioner must include specified names, addresses, grounds, constitutional sections, facts, and the redress sought in a petition under this Act.

6. A petition made under this Act shall set out- (a) the name and address of the petitioner; (b) the name and address of each person against whom redress is sought; (c) the grounds upon which redress is sought; 173 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE BASIC RIGHTS AND DUTIES ENFORCEMENT ACT [CAP. 3 R.E. 2023] Service of petition (d) the specific sections in Part III of Chapter One of the Constitution which are the basis of the petition; (e) particulars of the facts, but not the evidence to prove such facts, relied on; and (f) the nature of the redress sought.

Section 6Verify source

§ 7Service of petitionProvision

The petitioner must serve a copy of the petition on each person sought for redress, and also on the Attorney General in certain Government-related cases.

7.–(1) A copy of the petition shall be served by or on behalf of the petitioner on each person against whom redress is sought. (2) Where redress is sought against the Government a copy of the petition shall be served by or on behalf of the petitioners on the Attorney General or his duly authorised representative. (3) Where redress is sought against a Minister, Deputy Minister, Permanent Secretary, Commissioner or other servant of the Government in respect of any matter arising out of the official duties or functions of the office he holds, a copy of the petition shall also be served by or on behalf of the petitioner on the Attorney General or his duly authorised representative. Jurisdiction of High Court

Section 7Verify source

§ 89. Where matter arises in subordinate courtProvision

8.–(l)The High Court shall have and may exercise original jurisdiction- (a) to hear and determine any application made by any person in pursuance of section 4; (b) to determine any question arising in the course of the trial of any case which is referred to it in pursuance of section 6, and may make such orders and give directions as it may consider appropriate for the purposes of enforcing or securing the enforcement of any of the provisions of Articles 12 to 29 of the Constitution, to the protection of which the person concerned is entitled. (2) The High Court shall not exercise its powers under this section if it is satisfied that adequate means of redress for the contravention alleged are or have been available to the person concerned under any other law, or that the application is merely frivolous or vexatious. 174 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE BASIC RIGHTS AND DUTIES ENFORCEMENT ACT [CAP. 3 R.E. 2023] Cap. 310 Where matter arises in subordinate court Constitution of High Court (3) The High Court shall dismiss every application brought under this Act which it is satisfied is brought only on the grounds that the provisions of Articles 12 to 29 of the Constitution are likely to be contravened by reason of proposals contained in any Bill which, at the date of the application has not become a law. (4) For the avoidance of doubt, the provisions of Part VII of the Law Reform (Fatal Accidents and Miscellaneous Provisions) Act, which relate to the procedure for and the power of the High Court to issue prerogative orders, shall not apply for the purposes of obtaining redress in respect of matters covered by this Act.

Section 8Verify source

§ 9Where matter arises in subordinate courtProvision

If a constitutional question arises in a subordinate court, the magistrate must refer it for decision, unless the parties agree otherwise or the question is frivolous or vexatious.

9.–(1) Where in any proceedings in a subordinate court any question arises as to the contravention of any of the provisions of Articles 12 to 29 of the Constitution, the presiding magistrate shall, unless the parties to the proceedings agree to the contrary or the magistrate is of the opinion that the raising of the question is merely frivolous or vexatious, refer the question to the High Court for decision; save that if the question arises before a primary court the magistrate shall refer the question to the court of a resident magistrate which shall determine whether or not there exists a matter for reference to the High Court. (2) Where any matter is referred to the High Court in pursuance of subsection (1), the High Court shall give its decision upon the question, and the subordinate court in which the question arose shall dispose of the case in accordance with that decision.

Section 9Verify source

§ 10Constitution of High CourtProvision

The High Court must sit with three Judges for petitions under this Act, but a single Judge may decide whether an application is frivolous, vexatious, or otherwise fit for hearing.

10.–(1) For the purposes of hearing and determining any petition made under this Act including references made to it under section 9 the High Court shall be composed of three Judges of the High Court; save that the determination whether an application is frivolous, vexatious or otherwise fit for hearing may be made by a single Judge of the High Court. 175 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE BASIC RIGHTS AND DUTIES ENFORCEMENT ACT [CAP. 3 R.E. 2023] Hearing (2) Subject to subsection (1), every question in a petition before the High Court under this Act shall be determined according to the opinion of the majority of the Judges hearing the petition.

Section 10Verify source

§ 11HearingProvision

The High Court must list the petition for hearing after filing and tell the petitioner and required served parties the hearing date. The petitioner and any required served party may appear in person or through an advocate and may present evidence.

11.–(1) The High Court shall set down the petition for hearing as soon as may be convenient after filing and shall notify the date of hearing to the petitioner and to each of the persons upon whom a copy of the petition is required to be served. (2) The petitioner and any person on whom a copy of the petition is required to be served may appear either in person or by advocate at the hearing of the petition and may adduce evidence. Form of evidence

Section 11Verify source

§ 12Form of evidenceSubstitution

The High Court may decide to receive evidence by affidavit instead of, or as well as, oral evidence.

12. The High Court may, in its discretion, receive evidence by affidavit in addition to or in substitution for oral evidence. Power of High Court in making decisions

Section 12Verify source

§ 13Power of High Court in making decisionsProvision

The High Court may make necessary and appropriate orders to protect basic rights, freedoms, and duties, and it may let the relevant authority fix a defect in an impugned law or action within a set period.

13.–(1) Subject to this section, in making decisions in any suit, if the High Court comes to the conclusion that the basic rights, freedoms and duties concerned have been unlawfully denied or that grounds exist for their protection by an order, it shall have power to make all such orders as shall be necessary and appropriate to secure the applicant the enjoyment of the basic rights, freedoms and duties conferred or imposed on him under the provisions of Articles 12 to 29 of the Constitution. (2) Where an application alleges that any law made or action taken by the Government or other authority abolishes or abridges the basic rights, freedoms or duties conferred or imposed by Articles 12 to 29 of the Constitution and the High Court is satisfied that the law or action concerned to the extent of the contravention is invalid or unconstitutional, then the High Court shall, instead of declaring the law or action to be invalid or unconstitutional, have the power and the discretion in an appropriate case to allow Parliament or other legislative authority, or the Government or other authority concerned, to correct any defect in the impugned law or action within a 176 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE BASIC RIGHTS AND DUTIES ENFORCEMENT ACT [CAP. 3 R.E. 2023] specified period, subject to such conditions as may be specified by it, and the law or action impugned shall until the correction is made or the expiry of the limit set by the High Court, whichever be the shorter, be deemed to be valid. (3) The power of the High Court under this Act shall include the power to make all such orders as shall be necessary and appropriate to secure the enjoyment by the applicant of the basic rights, freedoms and duties under the provisions of Articles 12 to 29 of the Constitution should the Court come to the conclusion that such basic rights, freedoms or duties have been unlawfully denied or violated or that grounds exist for their protection by an order.

Section 13Verify source

§ 14AppealsProvision

A person aggrieved by certain High Court decisions may appeal to the Court of Appeal, and some frivolous or vexatious matters are sent to a High Court under section 10 whose decision is final. In some proceedings, a Government notice of intention to appeal can operate as a stay of execution.

14.–(1) A person aggrieved by any decision of the High Court on an application brought under section 4, 5 or 6 may appeal to the Court of Appeal. (2) Where a Judge of the High Court determines that any application is made frivolously or vexatiously, and where upon appeal to the High Court from a decision of a subordinate court a Judge of the High Court determines that the raising of a question is merely frivolous or vexatious, the matter shall be referred to the High Court constituted pursuant to section 10, and the decision of that Court on that question shall be final. (3) Notwithstanding the provisions of the Civil Procedure Code or of any other law to the contrary, where in proceedings under this Act which do not involve continuous breach or personal injuries, the Government files a notice of intention to appeal against any decision of a court, the notice shall, when entered, operate as a stay of execution upon the decisions sought to be appealed against. Appeals Cap. 33 Rules of procedure

Section 14Verify source

§ 15Rules of procedureProvision

15. Subject to the provisions of this Act, the Chief Justice may, after consultation with the Minister make rules with respect to other matters relating to the practice and procedure of the High Court and of subordinate courts in relation to the jurisdiction 177 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE BASIC RIGHTS AND DUTIES ENFORCEMENT ACT [CAP. 3 R.E. 2023] and powers conferred by or under this Act, including rules with respect to the time within which application may be brought and references shall be made to the High Court from subordinate courts. 178 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.

Section 15Verify source

Legislative relationships

6 referenced instruments

Names are derived from the stored provision headings and citation-enrichment layer. Treat this as a research index and verify each relationship against the source text.

A–F

3 instruments

Chapter One of the Constitution. 3. This Act
Section 3
Civil Procedure Code
Section 14
Commission for Human Right and Good Governance Act
Section 4

G–M

3 instruments

High Court (3) The High Court shall dismiss every application brought under this Act
Section 8
High Court The High Court must sit with three Judges for petitions under this Act
Section 10
High Court under this Act
Section 13

Recorded versions and source checkpoint

1 version available in this collection

Current-law checkpoint

Undated version · currentEnglish

This relationship view does not by itself establish whether another instrument remains in force.

Check official source

Source-linked research

Ask AI about this statute

The overview, provisions, and source records above are public. Continue in a separate conversation with this statute’s jurisdiction and source version attached.

No legal research model is currently available.