under the African Charter. 46. The African Commission further notes that although the provisions of the Tanzanian Civil Procedure [Code] form part of the procedural laws giving effect to the substantive laws elsewhere in their laws, their application in cases such as the present could result in the curtailment of citizensâ enjoyment of their basic rights. It is not being disputed that the substantive laws of Tanzania guarantee the right to property, family life and child custodian rights. Yet, the establishment of such rights must be followed by the diligence on the part of the State to ensure that everyone enjoys them, which means the just application of procedures meant to give effect to the rights. It is noted that it is not the place of the African Commission, nor does it fall under its mandate, to prescribe legislation for Member States with a view to give effect to the rights and duties enshrined in the African Charter domestically. However, it is the duty of the African Commission to check the application of domestic procedures enacted by Member States implementing the African Charter. Accordingly, Tanzanian authorities may enact the procedures governing the exercise of rights and duties, while the African Commission retains its supervisory role over the application of those procedures enabling the implementation of the African Charter, making sure that the application of procedures does not indeed deny the enjoyment of the rights themselves. 47. It is noted that the Complainant was given only one chance to appeal. She was faced with making a procedural choice to enforce her rights. Eventually, her case was dismissed on mere grounds of procedural rules, the application of which was at times discretionary (as shown in paragraphs 38-42 above). Even the review procedure allowing the same High Court judge to preside over appeals and their review thereof, the application of which led to the dismissal of the Complainantâs claim, does not tone with the general requirements of fair trial. Holding For these reasons, the African Commission, Finds the Republic of Tanzania in violation of Article 7.1.a; Further, the African Commission urges the Government of the Republic of Tanzania to ensure that its Courts apply its rules of procedure without fear or favour; Urges the Government of the Republic of Tanzania to allow the complainant to be heard on her appeal. Adopted at the 36th Ordinary Session of the African Commission on Human and Peoplesâ Rights held from 23rd November to 7th December in Dakar, Senegal. 5