005048
1.
Every individual shall be equal before the law
2.
Every individual shall be entitled to equal protection of the law.”
137. In the Matter of Tanganyika Law Society and Legal and Human Rights Centre and
Rev. Christopher Mtikila v Tanzania*9 the Applicants alleged that the constitutional
provisions
which
discriminating
members
prohibited
independent
candidature
against the majority of Tanzanians
of and
are
sponsored
by
political
had
because
parties
can
the
effect
of
only those who
are
seek
election
to
the
Presidency, Parliament and Local Government positions therefore violating the right
to freedom
from discrimination enshrined
in Article 2 of the African Charter. This
Court held that the same grounds of justification do not legitimise the restrictions to
not be discriminated against and the right to equality before the law therefore found
a violation of Articles 2 and 3(2) of the Charter.
138. In the
instant case,
substantiated
how
the Court
he
has
holds
been
that the Applicant
discriminated
has
against,
not demonstrated
treated
or
differently
or
unequally, resulting into discrimination or unequal treatment based on the criteria
laid out under Article 2 and 3 of the Charter.
139. In view
of the
foregoing,
the
Court
finds
that
the
Applicant’s
rights
to
non-
discrimination, his right to equality before the law and to equal protection of law as
guaranteed
under
Articles
2
and
3 of the
Charter
were
not
violated
by
the
Respondent State.
Vill.
REPARATIONS
140. The Applicant prays for several
reliefs reflected
in paragraph
22 above while the
Respondent State’s prayers are reflected in paragraph 26 above
RK
22 Application
No 011/2011.
Tanzania § 116-119.
Judgment
of 14/6/2013
(Merits),
Christopher Mtikila
v United Republic
of
w/
;