000501
52.
ln light of the foregoing, the Court finds that the instant Application fulfils all the
admissibility requirements in terms of Article 56 of the Charter as restated in Rule
40 of the Rules, and accordingly declares the Application admissible.
UI.
MERITS
53.
The Applicant alleges the violation of the right to appeal, the right to equality
before the law and equal protection of the law and the right to non-discrimination,
provided
for under Articles 7(1)(a), 3(1) and 3(2) and 2 of the Charter,
respectively.
A.
Alleged violation of the right to appeal
54.
The Applicant claims that his right to have his cause heard, including the right to
appeal, was violated when the Respondent State failed
to supply him
with
certified true copies of the records of proceedings and judgments of the two cases
in which he was convicted by the District Court of Bunda. The Applicant alleges
that it is due to this failure that for more than twenty (20) years, he has been
unable to file appeals against the decisions of the District Court of Bunda. The
Applicant maintains that this failure is a violation of his right under Article 7(1) (a)
of the Charter.
55.
The Respondent State refutes this allegation. lt maintains that the Applicant has
the option of instituting a constitutional petition for the enforcement of his basic
rights and the remedies sought can be issued by the High Court of Tanzania.
**
56.
The Court observes that the right to appeal is a fundamental element of the right
to a fair trial protected under Article 7 (1Xa) of the Charter, which provides that:
Y
v
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