Article 26(2) of the Constitution which was the relevant provision. The
Respondent State thus argues that if the Applicants had filed a case alleging
violations of rights of PWA pursuant to Article 26(2) of the Constitution they
would have been heard.
60. During the public hearing, the Respondent State contended, that the third
Applicant, the LHRC had successfully filed constitutional petitions before
the High Court of Tanzania alleging violation of human rights, and cited the
case of Legal and Human Rights Centre and Others v. Attorney General as
an illustration of one such occasion.14
*
61. The Applicants aver that the rationale of the rule on exhaustion of local
remedies is to give national authorities the chance to prevent or remedy the
violations of the Charter. Citing the Court’s case of Lohé Issa Konate v.
Burkina Faso, the Applicants argue that they are not required to exhaust
local remedies unless they are available, effective and sufficient.
62. Referring to the Judgment of the High Court of Tanzania in the matter of
Legal and Human Rights Centre and Tanganyika Law Society v. Hon.
Mizengo Pinda and Attorney General, the Applicants aver that local
remedies are unavailable to them before the Respondent State’s courts. In
this regard, they argue that corporate bodies do not have locus standi to
seize national courts on alleged violations of human rights in the
Respondent State.
63. According to the Applicants, section 4 of the Basic Rights and Duties
Enforcement Act 1995, limits the seizure of the High Court on alleged
human rights violations to “direct victims” of the alleged violations.
14
High Court of Tanzania case, Legal and Human Rights Centre (LHRC) & Others vs Attorney General
(2) (Massati, J.) (Misc. Civil Case 77 of 2006) [2006] TZHC 2 (24 April 2006).
16