ii.
Ms Sarah Duncan MWAIPOPO, Deputy Solicitor General, Office of the Solicitor
General;
iii. Ms Caroline Kitana CHIPETA, Director of Legal Unit, Ministry of Foreign Affairs
and East African Cooperation;
iv. Ms Nkasori SARAKIKYA, Assistant Director, Human Rights, Principal State
Attorney, Attorney General’s Chambers;
v.
Ms Aidah KISUMO, Senior State Attorney, Attorney General’s Chambers; and
vi. Ms Blandina KASAGAMA, Legal Officer, Ministry of Foreign Affairs and East
African Cooperation.
After deliberation,
Renders this Judgment:
I.
THE PARTIES
1.
Reuben Juma and Gawani Nkende (hereinafter referred to as “the First
Applicant” and “the Second Applicant” respectively or “the Applicants”
jointly) are both nationals of Tanzania who were convicted and sentenced
to thirty (30) years’ imprisonment for the offence of rape. They challenge
the manner in which their trials were conducted in domestic courts.
2.
The Applications are filed against the United Republic of Tanzania
(hereinafter referred to as “the Respondent State”), which became a Party
to the African Charter on Human and Peoples’ Rights (hereinafter referred
to as “the Charter”) on 21 October 1986 and the Protocol on 10 February
2006. It further deposited, on 29 March 2010, the Declaration under Article
34(6) of the Protocol through which it accepted the jurisdiction of the Court
to receive cases from individuals and Non-Governmental Organisations.
On 21 November 2019, the Respondent State deposited, with the
Chairperson of the African Union Commission, an instrument withdrawing
its Declaration. The Court has held that this withdrawal has no effect on
pending and new cases filed before the entry into force of the said
2