70. Furthermore, one of the Applicants, that is, the LHRC, filed a public interest
case previously together with the Tanzania Albino Society19 before the Hight
Court of Tanzania, which was dismissed for lack of locus standi, making the
remedy unavailable.
71. The Court reiterates its jurisprudence that local remedies need not be
exhausted in circumstances where NGOs representing the interests of
individuals are proscribed from seizing the domestic courts of the
Respondent State. This is because such remedies are considered to be
unavailable.20
72. Resultantly, it is manifest that the Applicants as corporate bodies, had no
locus standi to file a case alleging the violation of the rights of PWA in the
Respondent State’s courts. Therefore, the local remedies were unavailable
to the Applicants.
ii. Objection on the ground that the national courts were not seized by the
PWA individually
73. According to the Respondent State, its local remedies are available,
effective and sufficient. In this regard, it argues that it has put in place
mechanisms to ensure that the rights of PWA are respected. The
mechanisms include:
i.
Fast tracking of investigation and adjudicating of cases involving
PWA – this is aided by a task force which includes the Office of
the Attorney General, Police Force, National Prosecutions
Service, Combating of Corruption Bureau, Chief Government
Chemist and the Office of the President of the Republic;
ii.
Having special sitting sessions of the judiciary in order to handle
cases involving PWA; and
19
High Court of Tanzania, Legal and Human Rights Centre and Tanzania Albino Society v. Attorney
General & others, Miscellaneous Civil Cause No 15 of 2009 (10/9/2015) 21.
20 Beneficiaries of the Late Norbert Zongo and Others v. Burkina Faso (merits) (28 March 2014) 1 AfCLR
219, §§ 109-111.
19