The African Court held that the application was inadmissible because the applicant failed to exhaust local remedies in Tanzania, despite the Court finding it had jurisdiction.
Inclusive Development for Citizens and Another v Attorney General of the United Republic of Tanzania (Reference No.10 of 2020) [2024] EACJ 14 (29 November 2024) (First Instance Division)
The Court held that its jurisdiction is strictly circumscribed by Article 30(2) of the Treaty, which requires that proceedings be instituted within two months of the impugned action or the date it came to the complainant's knowledge. The Applicants' claims, though framed as arising from the District Commissioner's 2020 statement, were inextricably linked to the 2002 Regulations and 2017 pronouncements, which established the policy of expelling pregnant girls from school. The Court found that the District Commissioner's statement was merely a manifestation of this pre-existing policy and did n…
Mukiibi & 20 Others v Kiyimba & 3 Others (Miscellaneous Cause 179 of 2020) [2024] UGHCCD 200 (22 November 2024)
Court
HC: Civil Division (Uganda)
Case number
Miscellaneous Cause 179 of 2020
Judge
Douglas Karekona Singiza, J
The court found that the 1st respondent (Hajji Abdul Kiyimba), acting as agent of the 3rd respondent (Kyengera Town Council), violated the 1st–20th applicants' rights to privacy and freedom from torture, cruel, inhuman, and degrading treatment. The evidence, including admissible medical notes and video footage, established that applicants were unlawfully invaded, publicly humiliated, and physically mistreated at their residence without legal justification. The right to privacy was breached by unauthorized entry and exposure, and the right to freedom from torture was violated by physical and e…
The Court found that the request to order the Respondent State to publish the requirements for presidential candidacy was rendered moot by the publication of the relevant decision in the Official Gazette prior to the opening of the candidacy period. The remaining requests—abolition of sponsorship and criminal record requirements, validation of rejected candidacies, and suspension of ISIE Bureau members—were dismissed as they required examination of the merits of the main Application, which is not permissible at the provisional measures stage. The Court reiterated that provisional measures are…
The African Court held Tanzania violated the Applicant’s right to free legal assistance in a serious criminal case, but rejected his other Charter claims.
The Tribunal found that while the Applicant's bid was nonresponsive to the technical specifications relating to Digital Cameras, the Evaluation Committee erred in its assessment of other technical criteria, including the dual monitor stands, 30KVA UPS, and QSFP ports. The Committee failed to exercise its discretion to seek clarification for non-material omissions and did not apply the same level of scrutiny to all bidders, resulting in unequal treatment. The evaluation process did not adhere to the cardinal principles of fairness, transparency, and non-discrimination as required by law. Conse…
The court found that while the petition initially raised substantial constitutional questions regarding the validity of various provisions of the Venereal Diseases Act, Cap 284, the Act was repealed by Section 97 of the Public Health (Amendment) Act, 2023, during the pendency of the proceedings. As a result, the issues in controversy ceased to exist, rendering the petition moot. The court relied on established legal principles that a case is moot when there is no longer a live controversy or cognizable interest in the outcome, and that jurisdiction may abate if the law in question is repealed…
The Court found that the mandatory imposition of the death penalty under Section 197 of the Tanzanian Penal Code violates the right to life and dignity protected by Articles 4 and 5 of the African Charter. The lack of judicial discretion and failure to consider mitigating circumstances renders the sentence arbitrary and inhuman. The applicant exhausted all local remedies by appealing to the highest domestic court. The assessment of evidence and conduct of trial did not disclose manifest error or miscarriage of justice, and the applicant's right to a fair hearing was not violated. The Court aw…
The African Court reopened pleadings in an application by Iddi s/o Amani, directing the parties to file evidence on his age and the trial court record.