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Constitutional Law [2024] EACJ 5

Legal and Human Rights Centre and Another v Attorney General of the United Republic of Tanzania

Legal and Human Rights Centre and Another v Attorney General of the United Republic of Tanzania (Reference No.19 of 2019) [2024] EACJ 5 (27 March 2024) (First Instance Division)

The Court applied the three-tier test to the Written Laws (Miscellaneous Amendments) (No. 3) Act, 2019. First, it found that the limitations imposed by the Act are prescribed by law, with clear and accessible provisions and defined terms. Second, the Court determined that the objectives of the Act—addressing regulatory challenges, clarifying mandates, enhancing accountability, and aligning with international obligations—are pressing and substantial. Third, the Court held that the measures adopted are proportionate to the objectives, with adequate safeguards and redress mechanisms for aggrieve…

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