Tanzania Act or statute

Parliament of Tanzania

The Basic Rights and Duties Enforcement Act, 1994

The Act may be cited as the Basic Rights and Duties Enforcement Act, and it applies to Tanzania Zanzibar and Mainland Tanzania for suits concerning Articles 12 to 29 of the Constitution. This sect…

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Jurisdiction: Tanzania
Structure: 15 provisions
Citation: The Basic Rights and Duties Enforcement Act
Official identity: Year 1994
Dates: Enacted 1994

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Official identity: Year 1994
Dates: Enacted 1994

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Purpose and legislative effect

“The Act may be cited as the Basic Rights and Duties Enforcement Act, and it applies to Tanzania Zanzibar and Mainland Tanzania for suits concerning Articles 12 to 29 of the Constitution.”

The Act may be cited as the Basic Rights and Duties Enforcement Act, and it applies to Tanzania Zanzibar and Mainland Tanzania for suits concerning Articles 12 to 29 of the Constitution. This section defines several terms used in the Act, including “act,” “administrative act or omission,” “Constitution,” “Minister,” and “subordinate court.” This Act applies only when enforcing the basic rights and duties in Part III of Chapter One of the Constitution. A person who claims the Constitution’s Articles 12 to 29 have been, are being, or may be violated in relation to him may apply to the High Court for redress by petition. An application to the High Court under section 4 must be made by petition filed in the appropriate Registry of the High Court by originating summons.

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The Act may be cited as the Basic Rights and Duties Enforcement Act, and it applies to Tanzania Zanzibar and Mainland Tanzania for suits concerning Articles 12 to 29 of the Constitution.

Section 1

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

Section 5

The High Court can hear certain applications and related questions, but it must not act if other adequate redress exists or if the case is frivolous or vexatious.

Section 8

The High Court may decide, at its discretion, to accept affidavit evidence instead of or alongside oral evidence.

Section 12

Short title

The Chief Justice may make rules about High Court and subordinate court procedure, after consulting the Minister and subject to this Act.

Section 15

Source and current-law status

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

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Showing 15 of 15 provisions

Provision 12InterpretationSubstitutionShort title

§ 12Interpretation

The Act may be cited as the Basic Rights and Duties Enforcement Act, and 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. Interpretation

Section 1Verify source

§ 23Provision

This section defines several terms used in the Act, including “act,” “administrative act or omission,” “Constitution,” “Minister,” and “subordinate court.”

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 tribunal, board, of a Minister, public official, 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; "Constitution" means the Constitution of the United Republic of Tanzania,; "Minister" means the Minister for the time being responsible for legal affairs; 3 Cap. 2 The Basic Rights and Duties Enforcement Act [CAP. 3 R.E. 2019] Cap. 11 Application "subordinate court" means any court of a magistrate of any level established under the Magistrates' Courts Act.

Section 2Verify source

§ 34Provision

This Act applies only when enforcing the basic rights and duties 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 Cap. 4 s.8

Section 3Verify source

§ 45Provision

A person who claims the Constitution’s Articles 12 to 29 have been, are being, or may be violated in relation to him may apply to the High Court for redress by petition.

4. 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. Application to be made by petition

Section 4Verify source

§ 56Provision

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

§ 67Provision

A petition under this Act must include the petitioner’s details, the respondents’ details, the grounds for redress, the relevant constitutional sections, the facts relied on, and the nature of the redress sought.

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; (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 the nature of the redress sought. (f) Service of petition

Section 6Verify source

§ 78Provision

A petitioner must serve a copy of the petition on each person being sued for redress, and also on the Attorney-General in specified cases involving the Government or certain government officers.

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. 4 The Basic Rights and Duties Enforcement Act [CAP. 3 R.E. 2019] (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

§ 89Provision

The High Court can hear certain applications and related questions, but it must not act if other adequate redress exists or if the case is frivolous or vexatious.

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 the securing provisions of Articles 12 the Constitution, to the protection of which the person concerned is entitled. the enforcement of any of to 29 of (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. (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. Cap. 310 (4) For the avoidance of doubt, the provisions of Part VII of the Law Reform (Fatal Accidents and Miscellaneous 5 The Basic Rights and Duties Enforcement Act [CAP. 3 R.E. 2019] Where matter arises in subordinate court Constitution of High Court Hearing 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

§ 910Provision

A magistrate must refer certain constitutional contravention questions to the High Court, 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

§ 1011Provision

The High Court must sit with three Judges for petitions under this Act, but a single Judge may decide if an application is frivolous, vexatious, or 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 frivolous, vexatious or otherwise fit for hearing may be made by a single Judge of the High Court. is (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

§ 1112Provision

The High Court must schedule the petition for hearing soon after it is filed and tell the petitioner and required served persons the hearing date.

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. 6 The Basic Rights and Duties Enforcement Act [CAP. 3 R.E. 2019] (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

§ 1213Substitution

The High Court may decide, at its discretion, to accept affidavit evidence instead of or alongside 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

§ 1314Provision

The High Court may make orders needed to secure a person’s basic rights, freedoms, and duties under Articles 12 to 29, and may let the relevant authority fix a defective law or action within a set time.

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, as the case may be, to correct any defect in the impugned law or action within a 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 7 The Basic Rights and Duties Enforcement Act [CAP. 3 R.E. 2019] 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. Appeals

Section 13Verify source

§ 1415Provision

A person aggrieved by a High Court decision on certain applications may appeal to the Court of Appeal.

14.-(1) Any 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. Cap. 33 Rules of procedure (2) Where a Judge of the High Court determines that any application is made frivolously or vexatiously, and whereupon 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.

Section 14Verify source

§ 15Short titleShort title

The Chief Justice may make rules about High Court and subordinate court procedure, after consulting the Minister and subject to this Act.

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 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. ____________________ 8

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
Constitution. 1.-(1) This Act
Section 1

G–M

2 instruments

High Court and of subordinate courts in relation to the jurisdiction and powers conferred by or under this Act
Section 15
High Court under this Act
Section 13

N–S

1 instrument

Part VII of the Law Reform (Fatal Accidents and Miscellaneous 5 The Basic Rights and Duties Enforcement Act
Section 8

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