Uganda Case Law

Muwinda and Others v United Republic of Tanzania (Application No. 030/2017)

Muwinda and Others v United Republic of Tanzania (Application No. 030/2017) [2022] AfCHPR 8 (24 March 2022)

Court

African Court on Human and Peoples Rights

Case number

Application No. 030/2017

Judge

Anukam J, Ben Achour J, Bensaoula J, Chizumila J, Kioko J, Mengue J, Mukamulisa J, Ntsebeza J, Sacko J, Tchikaya VP

The Court found that the Applicants failed to substantiate their claims for subsistence allowance beyond what was already adjudicated by the domestic courts. The Court of Appeal of Tanzania determined the periods and amounts due, and the Applicants did not provide evidence to challenge those findings or to demonstrate a duty of repatriation or entitlement to further allowances. Regarding discrimination, the Applicants did not specify the grounds or provide sufficient information about the allegedly favoured employees or the basis for differential treatment. The burden of proof for discriminat…

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• Right To Work
• Remuneration Entitlement
• Non Discrimination
• Subsistence Allowance
• Exhaustion Of Local Remedies

Karatta and Others v United Republic of Tanzania (Application No. 002/2017)

Karatta and Others v United Republic of Tanzania (Application No. 002/2017) [2021] AfCHPR 26 (30 September 2021)

Court

African Court on Human and Peoples Rights

Case number

Application No. 002/2017

Judge

Anukam J, Ben Achour J, Bensaoula J, Chizumila J, Kioko J, Mengue J, Mukamulisa J, Ntsebeza J, Sacko J, Tchikaya VP

The African Court dismissed claims by former East African Community employees against Tanzania, finding no proven violations of discrimination, property, or work rights.

• Terminal Benefits
• Exhaustion Of Local Remedies
• Right To Work
• Right To Property
• Non Discrimination
• Equal Protection Of Law

Motiba v United Republic of Tanzania

Motiba v United Republic of Tanzania [2021] AfCHPR 33 (5 July 2021)

Court

African Court on Human and Peoples Rights

Judge

Anukam J, Arach-Amoko JA, Bensaoula J, Chizumila J, Eno R, Kioko J, Mengue J, Mukamulisa J, Tchikaya VP

The African Court reopened pleadings in Motiba v Tanzania, accepted the Respondent State’s late reparations submissions, and allowed a reply within 45 days.

• Unlawful Termination
• Forced Retirement
• Right To Work
• Public Service Entitlements
• Reopening-pleadings
• Procedural-order

Traore v Republic of Mali

Traore v Republic of Mali [2020] AfCHPR 27 (25 September 2020)

Court

African Court on Human and Peoples Rights

Judge

Aboud J, Anukam J, Ben Achour J, Bensaoula J, Chizumila J, Eno R, Kioko VP, Matusse J, Mengue J, Mukamulisa J, Orè P, Tchikaya J

The Court found that the Applicant filed his Application before the African Court on Human and Peoples' Rights while local remedies were still pending before the Bamako Court of Appeal. The post-cassation judgment, which was a necessary step in exhausting local remedies, was rendered after the Application was filed. The Court held that the exhaustion of local remedies is a mandatory admissibility requirement under Article 56(5) of the Charter and Rule 40(5) of the Rules, and that the time taken for the post-cassation judgment was reasonable and not unduly prolonged. Since the Application was…

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• Unlawful Dismissal
• Exhaustion Of Local Remedies
• Right To Work
• Due Process In Labour Disputes
• Admissibility Requirements

Chrysanthe v Republic of Rwanda (Application No. 022/2015)

Chrysanthe v Republic of Rwanda (Application No. 022/2015) [2018] AfCHPR 8 (11 May 2018)

Court

African Court on Human and Peoples Rights

Case number

Application No. 022/2015

The African Court held that Rutabingwa Chrysanthe’s application against Rwanda was inadmissible because he had not exhausted local remedies.

• Unfair Dismissal
• Exhaustion Of Local Remedies
• Right To Work
• Right To Fair Hearing
• Non Discrimination
• Exhaustion-of-local-remedies

Mkandawire v Republic of Malawi (Application No. 003/2011)

Mkandawire v Republic of Malawi (Application No. 003/2011) [2013] AfCHPR 38 (21 June 2013)

Court

African Court on Human and Peoples Rights

Case number

Application No. 003/2011

Judge

Akuffo P, Eno R, Guissè J, Kioko J, Ngoepe J, Niyungeko J, Orė J, Ouguergouz VP, Thompson J

The African Court held that Urban Mkandawire’s application against Malawi was inadmissible because he had not exhausted available local remedies.

• Wrongful Dismissal
• Exhaustion Of Local Remedies
• Right To Fair Hearing
• Right To Work
• Jurisdiction Ratione Temporis
• Exhaustion-of-local-remedies

Zimbabwe Lawyers For Human Rights and Another v Republic of Zimbabwe (Communication 284 of 2003)

Zimbabwe Lawyers For Human Rights and Another v Republic of Zimbabwe (Communication 284 of 2003) [2009] ACHPR 97 (3 April 2009)

Court

African Commission on Human and Peoples Rights

Case number

Communication 284 of 2003

The African Commission found that the Supreme Court of Zimbabwe, by invoking the clean hands doctrine and refusing to hear the applicants' constitutional challenge to AIPPA on the merits, did not violate Articles 3 (equality before the law) or 7 (right to have one's cause heard) of the African Charter, as the Court addressed the preliminary issue and left the door open for the applicants to comply and return. However, the Commission held that the State's actions in closing the newspaper, seizing assets, and arresting employees were disproportionate and not justified, thereby violating the app…

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• Freedom Of Expression
• Judicial Review
• Media Regulation
• Right To Property
• Right To Work
• Exhaustion Of Local Remedies

Pagnoulle v Cameroon (Communication 39 of 1990)

Pagnoulle v Cameroon (Communication 39 of 1990) [1997] ACHPR 2 (24 April 1997)

Court

African Commission on Human and Peoples Rights

Case number

Communication 39 of 1990

The African Commission found Cameroon violated the Charter by detaining Abdoulaye Mazou beyond his sentence, delaying his hearing, and refusing reinstatement.

• Arbitrary Detention
• Right To Fair Trial
• Right To Work
• Amnesty And Reinstatement
• Exhaustion Of Local Remedies
• Arbitrary-detention