has had an opportunity to deal with the substance of the matter through the
appropriate domestic proceedings.
47. In the instant case, the Court notes that some individuals filed cases at the
national courts8 challenging the constitutionality of Section 148(5) of the
CPA, with the latest at the time of filing the application being the public
interest case filed by inter alia Jebra Kambole, the Applicants’ advocate
herein on behalf of Dickson Paul Sanga.9 This case was decided by the
Court of Appeal on 5 August 2020 whereby it held that the impugned law
was constitutional.
48. In this regard, the Court holds that the Applicants could not have been
expected to seize the national courts on a public interest case regarding the
same subject matter already decided by the Court of Appeal, as there would
have been no prospect of success, making the remedy ineffective.
Therefore, the Court of Appeal being the highest court in the Respondent
State, its decision confirms the exhaustion of local remedies.
49. Indeed, the Respondent State’s claim is not that the issues raised by the
Applicants have not been decided at the national courts but that the case of
Dickson Paul Sanga had not yet been decided on review. In that regard, the
Court reiterates that the review procedure is an extra-ordinary remedy which
Applicants are not required to have exhausted prior to seizing this Court.10
50. As regards the objection that the Court is not an appellate court, the Court
reiterates its jurisprudence, that even though it is not a court of appeal to
decisions of domestic courts, “this does not preclude it from examining
relevant proceedings in the national courts in order to determine whether
8
See Director of Public Prosecutions (DPP) v. Daudi Pete 1993 TLR 22 (CA), Civil Appeal No. 65 of
2016 (CA) [2018] TZCA 347 (31 January 2018); Mariam Mashaka Faustine v. Attorney General,
Consolidated Misc. Civil Causes No. 88 and 95 of 2020 (HC);Gedion Wasonga v. Attorney General,
Miscellaneous Civil Cause No. 14 of 2016 (HC).
9 Attorney General v. Dickson Paulo Sanga, Miscellaneous Civil Cause No. 29 of 2019 (CA)
(Unreported).
10 See Alex Thomas v. Tanzania (merits), op. cit. § 65; Mohamed Abubakari v. Tanzania (merits) (3
June 2016) 1 AfCLR 599, §§ 66-70; Christopher Jonas v. Tanzania (merits) (28 September 2017) 2
AfCLR 101, § 44.
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