Share
Kisase v Tanzania (Application No. 005/2016) [2019] AfCHPR 29 (19 August 2019)
- Citation
- [2019] AfCHPR 29
- Status
- Judgment
- Jurisdiction
- Uganda
- Court
- African Court on Human and Peoples Rights
- Panel
- Anukam J, Ben Achour J, Bensaoula J, Chizumila J, Eno R, Kioko VP, Matusse J, Mengue J, Mukamulisa J, Orè P, Tchikaya J
- Case number
- Application No. 005/2016
- Language
- English
More details
- Court
- African Court on Human and Peoples Rights
- Panel
- Anukam J, Ben Achour J, Bensaoula J, Chizumila J, Eno R, Kioko VP, Matusse J, Mengue J, Mukamulisa J, Orè P, Tchikaya J
- Case number
- Application No. 005/2016
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The Court determined that, in the interests of justice, the Respondent State's late response to the Applicant's submissions on reparations should be accepted and deemed properly filed. The Court exercised its procedural discretion to re-open the pleadings, thereby allowing the Applicant an opportunity to reply to the Respondent State's response. This decision was guided by the principles of fair hearing and procedural fairness, ensuring that both parties are afforded a full opportunity to present their arguments on reparations. The Court's order does not address the substantive merits of the Applicant's claims but is limited to the procedural management of the reparations phase of the proceedings.
Court disposition
Order for re-opening of pleadings and acceptance of Respondent State's late response on reparations.
Orders
- The proceedings in Application No. 005/2016 are hereby reopened.
- The Respondent State's Response to the Applicant’s submissions on reparations is deemed as properly filed.
- The Applicant is ordered to submit his Reply to the Respondent State’s Response, if any, within thirty (30) days of receipt thereof.
02
Material facts
Parties
Sadick Marwa Kisase
Applicant Counsel: Self-representedUnited Republic of Tanzania
Respondent Counsel: Dr Clement J. Mashamba, Ms. Sarah Mwaipopo, Mr. Zachariah Elisaria, Ms. Nkasori Sarakikya, Mr. Benedict T. Msuya, Mr. Michael Luena, Mr. Veritas Mlay03
Procedural history
Posture
Application / Order for Re Opening of Pleadings
04
Questions and positions
Legal issues
- 01
Whether the Applicant's right to be heard was violated during domestic proceedings.
- 02
Whether the Applicant was denied equal protection before the law.
- 03
Whether the Applicant was denied legal assistance in violation of the Charter and the Tanzanian Constitution.
- 04
Whether the Respondent State's late response on reparations should be accepted in the interests of justice.
Party arguments
- Applicant
- The Applicant alleges that his rights under the African Charter and the Tanzanian Constitution were violated during his arrest, trial, and appeals, specifically the right to be heard, equal protection before the law, and the right to legal assistance. He contends that these violations occurred throughout the domestic proceedings and seeks reparations for the harm suffered.
- Respondent
- The Respondent State contests the Applicant's claims, arguing that due process was followed in the domestic courts and that the Applicant's rights were not violated. The Respondent also requests that its late response to the Applicant's submissions on reparations be accepted by the Court in the interests of justice.
05
Court’s reasoning
Legal principles
- 01
Article 7(1)(c), (d) of the African Charter on Human and Peoples’ Rights; Article 107A(2)(b) of the Tanzanian Constitution.
Right to be heard and to legal assistance as fundamental fair trial guarantees.
- 02
Article 3(1), (2) of the African Charter on Human and Peoples’ Rights.
Equal protection before the law for all individuals.
- 03
Rule 8(2) of the Rules of Court; Article 22 of the Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights.
Court's discretion to manage its own procedure in the interests of justice, including re-opening pleadings.
06
Ratio, limits and disposition
Ratio decidendi
The Court determined that, in the interests of justice, the Respondent State's late response to the Applicant's submissions on reparations should be accepted and deemed properly filed. The Court exercised its procedural discretion to re-open the pleadings, thereby allowing the Applicant an opportunity to reply to the Respondent State's response. This decision was guided by the principles of fair hearing and procedural fairness, ensuring that both parties are afforded a full opportunity to present their arguments on reparations. The Court's order does not address the substantive merits of the Applicant's claims but is limited to the procedural management of the reparations phase of the proceedings.
Obiter and limits
- The Court emphasizes the importance of procedural fairness and the right of both parties to be heard at every stage of the proceedings.
- The acceptance of late filings may be warranted where it serves the interests of justice and does not unduly prejudice the other party.
Court disposition
Order for re-opening of pleadings and acceptance of Respondent State's late response on reparations.
- The proceedings in Application No. 005/2016 are hereby reopened.
- The Respondent State's Response to the Applicant’s submissions on reparations is deemed as properly filed.
- The Applicant is ordered to submit his Reply to the Respondent State’s Response, if any, within thirty (30) days of receipt thereof.
Source and reliance status
African Court on Human and Peoples Rights
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
African Court on Human and Peoples Rights
Judgment
| | | | | --- | --- | --- | | AFRICAN UNION |  | UNION AFRICAINE | |  | UNIÃO AFRICANA | | AFRICAN COURT ON HUMAN AND PEOPLES’ RIGHTS COUR AFRICAINE DES DROITS DE L’HOMME ET DES PEUPLES P. O Box 6274 Arusha, Tanzania- Telephone: +255 732 979506/9; Fax. +255 732 979503 | | |
THE MATTER OF
SADICK MARWA KISASE
V.
UNITED REPUBLIC OF TANZANIA
APPLICATION No. 005/2016
ORDER FOR RE-OPENING OF PLEADINGS
19 AUGUST 2019
The Court composed of: Sylvain ORÉ, President; Ben KIOKO, Vice-President; Rafaâ BEN ACHOUR, Ângelo V. MATUSSE, Suzanne MENGUE, M-Thérèse MUKAMULISA Tujilane R. CHIZUMILA, Chafika BENSAOULA, Blaise TCHIKAYA, Stella I. ANUKAM, Judges; and Robert ENO, Registrar.
Pursuant to Article 22 of the Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights (hereinafter referred to as “the Protocol”) and Rule 8(2) of the Rules of Court (hereinafter referred to as “the Rules”), Judge Imani D. ABOUD, member of the Court and a national of Tanzania, did not hear the Application.
*In the Matter of:*
Sadick Marwa KISASE
*Self -represented*
*Versus*
UNITED REPUBLIC OF TANZANIA
represented by:
1. Dr Clement J. MASHAMBA - Solicitor General, Office of the Solicitor General; 2. Ms. Sarah MWAIPOPO, Director, Constitutional Affairs and Human Rights, Attorney General’s Chambers; 3. Mr. Zachariah ELISARIA, Senior State Attorney, Attorney General’s Chambers; 4. Ms. Nkasori SARAKIKYA, Principal State Attorney, Attorney General’s Chambers; 5. Mr. Benedict T. MSUYA, Second Secretary, Legal Officer, Ministry of Foreign Affairs and International Cooperation; 6. Mr. Michael LUENA, Principal State Attorney. Attorney General’s Chambers; 7. Mr. Veritas MLAY, State Attorney, Attorney General’s Chambers.
after deliberation,
*issues the following Order:*
1. THE PARTIES 2. Sadick Marwa Kisase, (hereinafter referred to as “the Applicant”) is a national of Tanzania, who was arrested and convicted for the offence of armed robbery and sentenced to thirty (30) years imprisonment by the District Court of Geita. He filed an appeal at the High Court, Mwanza (Criminal Appeal N0 85 of 2009) and later at the Court of Appeal of Tanzania, Mwanza (Criminal Appeal N0 83 of 2002). Both Appeals were dismissed, with the Court of Appeal upholding the decision of the lower courts on 26 July 2013. The Applicant is currently serving a thirty (30) years’ imprisonment sentence at Butimba Central Prison, Mwanza.
3. The Respondent State is the United Republic of Tanzania, which became a Party to the African Charter on Human and Peoples’ Rights (hereinafter referred to as the “Charter”) on 21 October 1986, and to the Protocol on 10 February 2006. Furthermore, the Respondent State, on 29 March 2010, deposited the Declaration prescribed under Article 34(6) of the Protocol, by which it accepts the jurisdiction of the Court to receive applications from individuals and NGOs. 4. SUBJECT MATTER OF THE APPLICATION 5. The Application, filed on the 13 January 2016, is based on the Respondent State’s alleged violations of the Applicant’s right to be heard, equal protection before the law and failure to provide legal assistance during the proceedings at the domestic courts, as provided for under Articles 1, 7(1) (c), (d), 3(1) (2) of the Charter, as well as Articles 107 A (2) (b) of the Tanzanian Constitution of 1977. 6. SUMMARY OF THE PROCEDURE BEFORE THE COURT 7. The Parties filed their submissions on the merits within the time stipulated by the Court, which were duly exchanged between them.
8. The Applicant filed his submission on reparations on 27 September 2018, which was transmitted to the Respondent State on 28 September 2018.
9. After extensions of time granted to the Respondent State on 12 December 2018; 18 February 2019 and 15 March 2019, on 13 June 2019, pleadings were closed and the Parties were duly notified.
10. On 5 August 2019, the Respondent State filed its Response to the Applicant’s submission on reparations. 11. THE COURT: * 1. Orders that the proceedings in *Application No. 005/2016 - Sadick Marwa Kisase v. United Republic of Tanzania* be and are hereby reopened; 2. Rules that, in the interests of justice, the Respondent State’s Response to the Applicant’s submissions on reparations be deemed as properly filed; and 3. Orders the Applicant to submit his Reply to the Respondent State’s Response, if any, within thirty (30) days of receipt thereof.
Signed:
Sylvain ORÉ, President;
and Robert ENO, Registrar.
Done at Arusha, this Nineteenth Day of August in the Year 2019, in English and French, the English text being authoritative.
Case-aware research
Ask AI about this case
The judgment and available research above are public. New questions open in a separate private conversation grounded in this case.