172. The Court reiterates that the general rule with regard to material prejudice
is that there must be a causal link between the established violation and the
prejudice suffered by the Applicant and the onus is on the Applicant to
provide evidence to justify his prayers.37 With regard to moral prejudice, the
Court exercises judicial discretion in equity.
173. In the instant case, the Court has established that the Respondent State
violated the rights under Article 1, 2, 7(1) and 7(1)(b) of the Charter through
the application of Sections 148(5) of the CPA.
174. It is against these findings that the Court will consider the Applicant’s
prayers for reparation.
A. Constitutional and legislative measures
175. The Applicants pray the Court to order the Respondent State to put in place
constitutional and legislative measures so as to guarantee the rights
provided for in the Charter and other international human rights instruments.
176. Furthermore, the Applicants seek an order that all suspects and accused
persons charged with unbailable offences, as per the law of the Respondent
State, be released on bail within one (1) month from the date of the decision,
under bail conditions to be set by the Respondent State’s courts, based on
the circumstance of each case.
177. The Respondent State prays for the dismissal of the prayers for reparations.
***
178. The Court having found that Section 148(5) of the CPA violates Articles 1,
2, 7(1) and 7(1)(b) of the Charter, orders the Respondent State to take all
necessary constitutional and legislative measures, within a reasonable time
37
Christopher Mtikila v. Republic of Tanzania (reparations) (13 June 2014) 1 AfCLR 72, § 40; Lohé Issa
Konaté v. Burkina Faso (reparations) (3 June 2016) 1 AfCLR 346, § 15.
38