were violated by the Respondent State resulting in psychological and
emotional distress, entitling them to reparation for moral prejudice.
385. The Court has held that the assessment of quantum in cases of moral
prejudice must be done in fairness and taking into account the
circumstances of the case.111 The practice of the Court, in such instances,
is to award a lump sum for moral prejudice.112
386. In the present case, the Court agrees with the Applicants, that PWA have
definitely suffered moral prejudice including anguish, grief, sadness,
distress, fear, frustration, anxiety, inconvenience, humiliation. The Court
observes however, that, the Applicants’ request for reparations for moral
prejudice is in abstracto, as they did not enumerate or attach the list of PWA
who would be the recipient of the reparations.
387. While it is not possible to allocate a precise monetary value equivalent to
the moral prejudice suffered by the PWA, nevertheless, the Court can award
compensation that provides adequate reparation to them. In determining
reparations for moral prejudice, as earlier pointed out, the Court takes into
consideration the reasonable exercise of judicial discretion and bases its
decision on the principles of equity taking into account the specific
circumstances of each case.
388. The Court is mindful that the violations established in the present
Application relate to rights that remain central to the very existence of the
PWA. The Respondent State, therefore, is under a duty to compensate the
PWA for the moral prejudice suffered as a result of the violation of their
rights. Taking into account the exercise of its discretion in equity, the Court
orders the Respondent State to pay into the compensation fund the sum of
Ten Million Tanzanian Shillings (TZS 10, 000, 000) to remedy the moral
111
Juma v. Tanzania (judgment), supra, § 144; Viking and Another v. Tanzania (reparations), supra, §
41 and Umuhoza v. Rwanda (reparations), supra, § 59.
112 Zongo and Others v. Burkina Faso (reparations), supra, §§ 61-62 and Guehi v. Tanzania (merits and
reparations), supra, § 177.
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