156. As already indicated, the severity of a crime or a sentence cannot by themselves determine the proclivity to abscond bail. Therefore, in the absence of judicial control of the granting or denial of bail, the Court holds that Section 148(5) of the CPA violates the right to be heard under Article 7(1) of the Charter. C. Alleged violation of Article 1 of the Charter 157. The Applicants contend that Section 148(5) of the CPA is a violation of Article 1 of the Charter. They argue that Section 148(5) of the CPA does not afford accused persons the enjoyment of fundamental rights and the right to equal protection under the laws of Tanzania. 158. The Respondent State argues that rights and freedoms under the Charter, UDHR, ICCPR and the Tanzanian Constitution are not absolute and conversely are subject to limitations. Furthermore, that the limitation imposed under Section 148(5) of the CPA is reasonably necessary to achieve a legitimate object for which are justifiable under the standards set out in International Human Rights instruments and Article 30(2) of the Constitution of the Respondent State. *** 159. Article 1 of the Charter provides: The Member States of the Organisation of African Unity, parties to the present Charter shall recognise the rights, duties and freedoms enshrined in the Charter and shall undertake to adopt legislative or other measures to give effect to them. 160. The Court notes that the Respondent State has “an obligation to make laws in line with the intents and purposes of the Charter.” And “… whilst the said clause envisages the enactment of rules and regulations for the enjoyment 35