Saturday, September 29, 2012

Application No. 009/2011 Tanganyika Law Society & Legal and Human Rights Centre v. The United Republic of Tanzania


Application No. 009/2011
Tanganyika Law Society & Legal and Human Rights Centre
v. The United Republic of Tanzania
Summary of facts
1. The Applicants submit that the Respondent State is in violation of Article 2 and
13(1) of the African Charter on Human and Peoples’ Rights, and articles 3 and
25 of the International Covenant on Civil and Political Rights (ICCPR), a violation
that was institutionalized in 1992, at the onset of multiparty politics in the country.
2. According to the Applicants, in 1992, the National Assembly passed the Eighth
Amendment to the Constitution and prescribed a requirement for membership to
and sponsorship by a political party for all persons running  for  Presidential,
Parliamentary and Local Government elections. They submit further that in 1993,
a certain Reverend Mtikila challenged the 8
th
constitutional amendment, and on
16
th
October 1994, the Respondent tabled a bill, the 11
th
Constitutional
Amendment, seeking to nullify the right of independent candidates to contest
Presidential, Parliamentary and Local Government elections.
3. According to the Applicants, on 24 October 1994, the High Court found in favour
of Reverend Mtikila, and declared that it was lawful for independent candidates to
contest elections. On 2 December 1994, the National Assembly passed the
Eleventh Constitutional Amendment, whose effect was to the position of the 8
th
amendment, thus reversing the High Court decision of 24 October 1994.
4. In 2005, Reverend Mtikila again challenged the Eleventh Amendment,  and in
May 2006, the High Court again ruled in his favour, stating that the impugned
amendments were violative of the democratic values and principles enshrined in
the Constitution. 5. In 2009, the Respondent appealed the decision of the High Court to the Court of
Appeal, (the highest Court in the country), and in June 2010, the Court of Appeal,
reversed the decision of the High Court.
6. The Applicants note that the effect of the violation is that a great majority of
Tanzanians who do not belong to political parties have been discriminated
against and denied the opportunity to take part in public affairs or from being
elected.

7. They state that all domestic remedies have been exhausted and the violation is
continuing.
Procedure
8. The application was received at the Registry on 2 June 2011 and was registered
the same day.
9. By letter dated 17 June 2011, the Registry wrote to the African Commission to
inquire whether the applicants have observer status before the Commission.
10.By letter dated 15 July 2011, the Secretariat of the African Commission
confirmed that the applicants have observer status before the Commission.
11.By Note verbale of 18 July 2011, the application was sent to the Respondent,
and by letter of the same date the AUC and other State Parties to the Protocol
were informed of the application.
12.By Note Verbale dated 19 August, 2011, the Respondent State  communicated
the names and addresses of its representatives to the Registry.
13.By note verbale dated 19 August, 2011,  the Registry acknowledged receipt of
the Respondent’s Note Verbale communicating the names and addresses of its
representatives.For further information, please contact:
The Registrar
African Court on Human and Peoples’ Rights
P.O Box 6274 Arusha,
Tanzania
Telephone: +255 732 979506/9 or direct line - +255 732 979 994
Fax: 255 732 979503
Email registrar@african-court.org or registry@african-court.org
Web site: www.african-court.org  
Date: 24
th
August 2011

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