Arusha, Tanzania Website: www.african-court.org Telephone: +255-272-510-510 JUDGMENT SUMMARY constitutional provisions violate the right to have one’s cause heard as protected under article 7 of the Charter. On the alleged violation of the right to equality and equal protection of the law, the Court reiterated that the principle of equality in law presupposes that the law protects everyone without discrimination. The Court further recalled that, in relation to the provisions of article 74(12) of the Respondent State’s Constitution and article 119(13) of the Constitution of Zanzibar, in Jebra Kambole v. Tanzania, it adjudicated upon similar provision in the Respondent State’s Constitution, which ousted the jurisdiction of courts to consider any complaints related to the election of the President in the Respondent State. Such a provision was held to be a violation of the Charter in the absence of reasonable justification, necessity or proportionality within a democratic society. Applying similar reasoning the Court found that the contested constitutional provisions oust the jurisdiction of courts to review the acts by the Respondent State’s National Electoral Commission (NEC) and the Zanzibar Electoral Commission (ZEC). The Court found that while the impugned provisions in principle apply to all citizens within the Respondent State, their practical effect is not uniform across the entire population. Such provisions, according to the Court, entail a disproportionate effect on individuals seeking legal redress for potential electoral grievances due to the inability of those individuals to challenge electoral decisions before a judicial body. The Court held, therefore, that article 74(12) of the Respondent State’s constitution and article 119(13) of the Constitution of Zanzibar violate Article 3(2) of the Charter. On the allegation of violation of the right to have one’s cause heard, the Court recalled its earlier jurisprudence in Jebra Kambole v. Tanzania, where it found restrictions under article 41(7) of the Respondent State’s Constitution to be inconsistent with Article 7(1)(a) of the Charter. The Court had, in Jebra Kambole v. Tanzania, emphasised that whenever a State imposes a restriction on fundamental rights, it bears the burden of proving that the restriction is legally prescribed under the law, serves a legitimate purpose, and is necessary and proportionate to achieving that purpose. Additionally, the Court had been emphatic that a State cannot invoke its internal laws to justify non-compliance with its international human rights obligations. Given the preceding, the Court found that the absence of judicial scrutiny of the NEC and the ZEC creates a risk of unchecked electoral irregularities, thereby undermining the 7