State deposited, with the Chairperson of the African Union Commission, an
instrument withdrawing its Declaration. The Court has held that this
withdrawal has no effect on pending cases and new cases filed before 22
November 2020, which is the day on which the withdrawal took effect, being
a period of one (1) year after its deposit.3
II.
SUBJECT MATTER OF THE APPLICATION
A. Facts of the matter
3.
By a petition filed before the Respondent State’s High Court, Bob Chacha
Wangwe sought declaratory orders to the effect that sections 6(1), 7(1), 7(2)
and 7(3) of the National Elections Act (hereinafter referred to as “the NEA”)
contravened articles 21(1), 21(2) and 26(1) of the Respondent State’s
Constitution.
4.
By a judgment dated 10 May 2019, the High Court held that sections 7(1)
and 7(3) of the NEA were “unconstitutional and void” for, among other
things, failing to “reflect the safeguards set out under article 74(14) of the
Constitution.”4 As for sections 6(1) and 7(2) of the NEA, the High Court “…
found no evidence to show that the two provisions infringe the relevant
articles of the constitution.”
5.
On the Respondent State’s appeal to the Court of Appeal, in a judgment
delivered on 15 October 2019, the High Court’s decision was set aside in its
entirety.
3
Andrew Ambrose Cheusi v. United Republic of Tanzania (judgment) (26 June 2020) 4 ACtHPR 219, §
38.
4 Article 74(14) provides as follows: “It is hereby prohibited for persons concerned with the conduct of
elections to join any political party, save only that each of them shall have the right to vote which is
specified in Article 5 of this Constitution.”
3