cioo$tr
17.|n these particular cases of appeals for review and unconstitutionality before the
court of Appeal in the Tanzanian judicial system, the court has a wealth of
consistent case law.
lt
has always considered that these two remedies are
"extraordinary remedies" which are neither necessary nor mandatory and that,
consequently, the exhaustion requirement of the Charter and the Rules does not
apply to themla.
18.|n the above judgment, the Court gives the impression that it has reversed its case
law, or at least partially reversed it. lndeed, the Court considers that, with regard to
five of the Applicants,"[t]he Applicants could have approached the High court to
challenge the legality of the exercise of the presidential prerogative of mercy , the
Prisons Act, the Parole Act and other laws which they perceive to be implicated
in
the discrimination that they allegedly suffered "'. The Court adds that "it was not open
to the Applicants to offhandedly dismiss the remedies available within the
Respondent State without aftempting to activate them"1s. lt should be noted that the
laws cited in this paragraph do indeed constitute the remedy for unconstitutionality
provided for in the Basic Rights and Duties Enforcement Act of the United Republic
of Tanzania.
19.|t follows from this ground of inadmissibility held by the Court against five Applicants
that the appeal for unconstitutionality is no longer considered by the Court as an
extraordinary remedy from which the Applicants are exempted, but now as a
14
Application 005/2013 Alex Thomas v. lJnited Republic of Tanzania; Appllcation 006t2013 Witfred
Onyango Nganyi v. United Republic of Tanzania; Application oo7l2113 Mohamed Abubakai v. United
Republic of Tanzania; Application 00312015 Kennedy Owino Onyachi and Charles John Mwanini Njoka
c. United Republic of Tanzania; Application 0OSl2015 Thobias Mang'ara Mango and Shukurani
Masegenya Mango v. United Republic of Tanzania; Application 006/2015 Nguza Viking (Baba Seya) and
Johnson Nguza (Papi Kocha) v. tJnited Republic of Tanzanla; Application 01112015 Chistopher Jonas v.
United Republic of Tanzania; Application 02712015 Minani Evarist v. lJnited Repubtic of Tanzania llnited
Republic
of Tanzania; Application 006/2016 Mgosi Mwita Makungu v. lJnited Republic of
Tanzania.,
Application 02012016 Anaclet Paulo v. lJnited Republic of Tanzania; Application 01612016 Dioctes William
v. United Republic of Tanzania
15
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