withdrawal one (1) year after its deposit which, in the present case, is on 22
November 2020.2
II.
SUBJECT MATTER OF THE APPLICATION
A. Facts of the matter
3.
It emerges from the record that the First Applicant was charged before the
Resident Magistrate’s Court sitting at Mwanza with the offences of rape and
preventing a schoolgirl from attending school. The rape victim was a
seventeen (17)-year old pupil who enrolled at the Nyangulugulu Primary
School in the Mwanza Region. After a full trial, the Resident Magistrate, on
30 September 2011, found him guilty on both charges and convicted him
accordingly. He was subsequently sentenced to thirty (30) years’
imprisonment and six (6) strokes of the cane for the offence of rape and a
fine of Thirty Thousand Tanzanian Shillings (TSH 30 000) or in default four
(4) months in jail for the offence of preventing a schoolgirl from attending
school.
4.
He subsequently appealed his conviction and sentence before the High
Court sitting at Mwanza which, on 17 May 2013, dismissed the appeal in its
entirety. A subsequent appeal to the Court of Appeal was also dismissed
on 11 August 2014.
*
5.
It also emerges from the record that the Second Applicant was charged
before the District Court of Shinyanga with the offence of rape. According
to the record, the victim of the rape was a seventeen (17)-year old pupil
enrolled at the Nunga Primary School in the Shinyanga Region. After a full
trial he was, on 22 October 2004, convicted and sentenced to thirty (30)
2
Andrew Ambrose Cheusi v. United Republic of Tanzania (merits and reparations) (26 June 2020) 4
AfCLR 219, § 38.
3