viii.
Ms
Blandina
KASAGAMA,
Legal
Officer,
Ministry
of Foreign
Affairs
and
East
African Cooperation.
After deliberation,
renders the following Judgment:
THE PARTIES
. Jebra
Kambole
(hereinafter referred to as “the Applicant"),
United Republic of Tanzania.
is a national of the
He is an advocate by profession and a member of
the Tanganyika Law Society. He brings this Application challenging article 41(7) of
the Constitution of the Respondent State.
. The
Application
is filed
against
referred to as “the
Respondent
Charter
and
on
Human
the
United
State”),
Peoples’
Republic
which
Rights
became
(hereinafter
of Tanzania
(hereinafter
a Party to the African
referred
to as the
“the
Charter’) on 21 October 1986 and the Protocol on 10 February 2006. It deposited,
on 29 March
which
2010,
it accepts
the Declaration
the jurisdiction
under Article 34(6) of the Protocol through
of the
Court
to
receive
cases
directly
from
individuals and non-governmental organisations (NGOs). On 21 November 2019,
the
Respondent
State
deposited,
with
the
African
Union
Commission,
an
instrument withdrawing its Declaration under Article 34(6) of the Protocol.
SUBJECT MATTER OF THE APPLICATION
. Facts of the matter
. The Applicant alleges that the Respondent State has violated his rights under the
Charter by maintaining article 41(7) in its Constitution, which provision bars any