Applicants have failed to demonstrate how these guarantees of equality were
not applied to them therefore resulting in the alleged violations. The
Respondent also reiterates that Section 9(1) of the Basic Rights and Duties
Enforcement Act [Cap 3 RE 2002] also provides adequate safeguards against
the alleged violation.
iii)
The Court's Assessment
149. Article 3 of the African Charter provides that:
"Every individual shall be equal before the law. Every individual shall be entitled
to equal protection of the law"
150. This provision has two limbs, namely, the right to equality before the law and
the right to equal protection of the law.
151. With regard to the right to equal protection of the law, the Court notes that this
is recognized and guaranteed in the Constitution of the Respondent. The
relevant provisions (Articles 12 and 13) of the Constitution enshrine the right in
its sacred form and content on equal par with the Charter, including by
prohibiting discrimination.
152. Concerning the right to equality before the law, in their submissions, the
Applicants have alleged that their right under Article 3 of the Charter has been
violated by the Respondent without specifying how and under what contexts
that they have been discriminated against. The Court has, in the case of
Abubakari v Tanzania, held that "it is incumbent on the Party purporting to have
been a victim of discriminatory treatment to provide proof thereof'.36The
Applicants have not indicated circumstances where they were subjected to
unjustified differential treatment in comparison to other persons in a similar
situation. 37 As this Court has stated in its case law of Alex Thomas v Tanzania,
"General statements to the effect that [a] right has been violated are not
enough. More substantiation is required. 38n
36Abubakari Case, para. 153
37 Ibid, para. 154
36 Alex Thomas Case, paragraph 140
39