c.
The right to defence, including the right to be defended by
counsel of his choice;
d.
The right to be tried within a reasonable time by an impartial
court or tribunal.
77. The Court notes that the right to be heard bestows upon individuals a range
of entitlements. These include the right to initiate legal proceedings before
a competent judicial or quasi-judicial tribunal, the right to voice opinions on
issues and procedures impacting one’s rights, and the right to appeal to
higher courts or authorities in instances where one is dissatisfied with
decisions of the lower courts or authorities.21 The right to be heard as
enshrined in Article 7 of the Charter specifically stipulates that an applicant
is entitled to take part in all proceedings, and to adduce his or her arguments
and evidence in accordance with the adversarial principle.22
78. The Court also recalls its established position that “a fair trial requires that
the imposition of a sentence in a criminal offence, and in particular, a heavy
prison sentence, should be based on strong and credible evidence”. 23 The
nature or form of admissible evidence for purposes of criminal conviction
may vary across the different legal traditions but it must always have
sufficient weight to establish the guilt of the accused.
79. The Court further recalls that “it is not an appellate court and as a matter of
principle, it is up to national courts to decide on the probative value of a
particular piece of evidence”.24 Accordingly, it “cannot assume the role of
the domestic courts and investigate the details and particulars of evidence
used in domestic proceedings to establish the criminal culpability of
individuals”.25 The Court only intervenes when there is a manifest error in
21
Werema and Werema v. Tanzania (merits) supra, § 69, Kambole v. Tanzania (judgment) (2020) 4
AfCLR 460, § 96; Ibrahim Ben Mohamed Ben Ibrahim Belguith v. Republic of Tunisia, Application No.
017/2021, Judgment of 28 September 2022 (merits and reparations), § 96.
22 Anaclet Paulo v. United Republic of Tanzania (merits) (21 September 2018) 2 AfCLR 446, § 81.
23 Abubakari v. Tanzania (merits), supra, § 174.
24 Ibid.
25 Ibid.
20