Arusha, Tanzania
Website: www.african-court.org
Telephone: +255-272-510-510
JUDGMENT SUMMARY
rule of law. Consequently, the Court held that article 74(12) of the Respondent State’s
constitution and article 119(13) of the Constitution of Zanzibar, in so far as they exclude the
jurisdiction of courts to review decisions of the NEC and the ZEC violate Article 7(1)(a) of the
Charter.
On the alleged violation of Article 1 of the Charter, the Court recalled that when it finds that
any of the rights, duties and freedoms under the Charter are curtailed, violated or not being
achieved, it necessarily means that the obligations set out under Article 1 of the Charter have
been violated. The Court thus held that the Respondent State violated Articles 3(2), 7(1)(a)
and 1 of the Charter.
The Court, having found that parts of article 74(12) and article 119(13) violate Articles 3(2)
and 7(1)(a) of the Charter, ordered the Respondent State to take all the necessary
constitutional and legislative measures, within a reasonable time, and in any event within 24
months of notification of the decision, to ensure that these provisions are amended and aligned
with the provisions of the Charter so as to eliminate the violations of Articles 3(2) and 7(1)(a)
of the Charter as established by the Court.
The Court further ordered that the Respondent State publish this Judgment, both in Kiswahili
and English, within a period of three months from the date of notification, on the websites of
the Judiciary and the Ministry for Constitutional and Legal Affairs, and to ensure that the text
of the Judgment remains accessible for at least one year after the date of publication.
Concerning implementation and reporting, the Court ordered the Respondent State to submit
to it within 12 months, from the date of notification of the judgment, a report on the status of
implementation of the decision and thereafter, every six months until the Court considers that
there has been full implementation thereof.
On the costs, the Court ordered that each Party bear its own costs.
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