apply in this matter as remedies are available and provided for by law, that
is, the Constitution 1977 (revised in 1995) (hereinafter the Constitution),
Penal Code 1981 (revised 2022), Criminal Procedure Act 1977 (revised
2022), Basic Rights and Duties Enforcement Act 1995 (revised 2019) and
Persons with Disabilities Act 2010.
56. According to the Respondent State, the Applicants could have filed a
petition before the High Court of Tanzania but did not make such an attempt.
Citing the Commission’s case of Article 19 v. Eritrea, the Respondent State
contends that the Applicants should have exhausted local remedies rather
than casting aspersions on the ability of the domestic courts to provide a
remedy for the alleged violations.
57. The Respondent State argues that Article 26(2) of the Constitution, and the
Basic Rights and Duties Enforcement Act 1995 (revised 2019), allow both
individuals and other groups seeking to protect human rights to seize the
High Court of Tanzania with alleged human rights violations in order to
obtain reliefs. It therefore argues that the fact that the Applicants are NGOs
is not an encumbrance to them seeking relief for the alleged violations in
the domestic courts.
58. Citing the cases of Reverend Christopher Mtikila v. Attorney General and
Attorney General v. Jeremiah Mtobesya, the Respondent State contends
that the doctrine of public interest litigation is customary before its domestic
courts. It argues that the Applicants should, therefore, not be absolved from
exhaustion of local remedies simply because they did not suffer the alleged
violations personally.
59. According to the Respondent State, the Tanzanian case of Legal and
Human Rights Centre and Tanganyika Law Society v. Hon. Mizengo Pinda
and Attorney General can be distinguished herein. This is, according to the
Respondent State, because, even though the case was struck out owing to
the applicants’ lack of locus standi, the decision was based on the fact that
the petitioners had relied on Article 30(3) of the Constitution, rather than
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