138. The Court having found that parts of sections 6(1), 7(2) and 7(3) of the NEA
violate Article 13(1) of the Charter, orders the Respondent State to take all
necessary constitutional and legislative measures, within a reasonable time
and without any undue delay, to ensure that these provisions are amended
and aligned with the provisions of the Charter so as to eliminate the
violations of Article 13(1) of the Charter as established by the Court.
B. Other measures of reparations
139. The Court notes that the Applicant did not specifically request for other
measures of reparation but prays the Court to order “any other remedy
and/or relief that the Honourable Court will deem fit to grant.”
*
140. The Respondent State, for its part, also prayed the Court to make any order
or grant any relief as it deems fit.
***
141. The Court reiterates that Article 27(1) of the Protocol gives it power to “make
appropriate orders to remedy” violations. In the circumstances, the Court
reaffirms that it can, by way of reparations, order, among other reliefs, the
publication of its decisions suo motu where the circumstances of the case
so require.44
i.
Publication of the judgment
142. In the present case, the Court notes that the violations that it has established
raise critical matters of public concern and specifically in relation to the
management of electoral processes within the Respondent State. The Court
holds that the manner in which elections are managed, including how
44
Ally Rajabu and Others v. United Republic of Tanzania (merits and reparations) (28 November 2019)
3 AfCLR 539, §§ 165-167.
38