interest litigation under Article 26(2) of the Constitution. As such, section 4 of
Cap. 3, and therefore the entire Act, does not cover them in the context of
this particular petition. Matters would have been different if the alleged
violation of fundamental Human Rights touched upon the petitioners’ own
interests, such as, for instance, the petitioners’ corporate rights to exist as
juristic persons, or to execute the aims and objectives of their respective
constitutive instruments. That is obviously not the case herein.
68. The Court notes from the above excerpt that while public interest litigation
can be instituted under Article 26(2) of the Constitution, this is limited to the
“procedure provided by law”. In the instant case, the law providing for the
protection of human rights is the Basic Rights and Duties Enforcement Act
1995, and the same requires victimhood as stipulated under section 4:
“where any person alleges that any of the provisions of Articles 12 – 29 of
the Constitution have been, is being or is likely to be contravened in relation
to him, he may, without prejudice to any other action with respect to the
same matter that is lawfully available, apply to the High Court for redress.”
69. The Court further notes the amendment to section 4 of the Basic Rights and
Duties Enforcement Act 1995, which stipulates that victimhood is a
prerequisite for a petitioner to file cases alleging human rights in Tanzanian
courts. The amendment reads as follows:18
…(2) without prejudice to the provisions of the Commission for Human Rights
and Good Governance Act, relating to powers of the Commission to institute
proceedings, an application under subsection (1) shall not be admitted by the
High Court unless it is accompanied by an affidavit stating the extent to which
the contravention of the provisions of Articles 12 to 29 of the Constitution has
affected such person personally.
(3) For avoidance of doubt, a person exercising the right provided for under
Article 26(2) of the Constitution shall abide with the provisions of Article 30(3)
of the Constitution.
18
Written Laws (Miscellaneous Amendments) (No. 3 Act) (2020).
18