The African Court on Human and Peoples’ Rights on Wednesday delivered a landmark decision in the case challenging the denial of citizen’s right to access the court if dissatisfied with the Tanzania’s presidential election results.
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In an Application No 018 of 2018, a Tanzanian advocate, Jebra Kambole, filed a case in the Arusha-based court in 2018 arguing the provision was a violation of his rights.
The court declared Tanzania to amend its constitution, to allow citizens to question presidential election results. The court declared that article 41(7) of the Constitution of Tanzania which denies citizens’ right to access courts if dissatisfied with the Tanzania’s presidential election results, violates Article 1, 2 and 7(1)(a) of the African Charter on Human and Peoples’ Rights.
Tanzania’s constitution states that once a presidential candidate has been declared the winner by the electoral commission “no court of law shall have any jurisdiction to inquire into the election of that candidate.”
Recently courts in Kenya and Malawi have overturned the results of presidential elections won by an incumbent due to irregularities, forcing a re-run, in what has been seen as a victory for democracy on the continent.
The African Court on Human and Peoples’ Rights ordered Tanzania to take “necessary constitutional and legislative measures, within a reasonable time” to amend the relevant article, read a statement from the court.
It also ordered Tanzania to submit a report within 12 months on the measures it has taken to implement the judgment and ruled the country must publish its judgement on the websites of the judiciary and constitutional affairs ministry within three months.
In 2019 Tanzania withdrew from a protocol allowing individuals and NGOs to file cases against the government at the court, which has judges from across Africa working on rights cases.
Amnesty International last year said Tanzania had the highest number of cases filed by individuals and NGOs at the court.
President John Magufuli, whose government has been accused of increasing authoritarianism and of clamping down on freedoms, was on Saturday nominated by his party to seek re-election.
Opposition parties in the country have questioned the independence of the country’s electoral commission, and last year boycotted local elections.
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