The African Court reopened pleadings in a case challenging Tanzania’s voting restrictions on prisoners and diaspora citizens, and gave the State 7 days to respond.
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 Court found that the Respondent State violated the applicant's right to be heard under Article 7(1)(a) of the Charter by failing to provide access to a competent tribunal for constitutional review of presidential decrees, as the Constitutional Court had not been operationalised and no alternative remedy existed. The Court further held that the suspension of Parliament and abrogation of constitutional provisions through presidential decrees, without adherence to constitutional procedures and without considering less restrictive measures, constituted a disproportionate and unlawful restrict…
Kamba Saleh v Attorney General (Constitutional Petition No. 38 of 2012) [2015] UGCC 3 (25 May 2015)
Court
Constitutional Court of Uganda
Case number
Constitutional Petition No. 38 of 2012
Judge
Tibatemwa-Ekirikubinza, JSC
The Constitutional Court found that the petition disclosed a cause of action and the petitioner had locus standi under Article 137(3) of the Constitution. However, the court held that the Appointments Committee of Parliament acted within its constitutional and procedural mandate in considering and either approving or disapproving ministerial appointments. The Committee provided the petitioner with a hearing, and there was no evidence that the petitioner was denied access to information or treated unfairly. The court rejected the petitioner's claims of religious discrimination and infringement…
Tanganyika Law Society and Others v United Republic of Tanzania; Mtikila v United Republic of Tanzania (Application No. 009/2011; Application No. 011/2011) [2013] AfCHPR 8 (14 June 2013)
The African Court held that Tanzania’s ban on independent electoral candidates violated Charter rights to political participation, association, and equality.
Modise v Botswana (Communication 97 of 1993) [2000] ACHPR 25 (6 November 2000)
Court
African Commission on Human and Peoples Rights
Case number
Communication 97 of 1993
The African Commission held that John K. Modise was entitled to Botswana citizenship by descent and found Botswana in violation of multiple Charter rights after repeated deportations.
