provisions of this Constitution, the High Court shall have original jurisdiction to hear and determine any matter brought before it pursuant to this Article; and the state authority may enact legislation for the purposes of - (a) regulating procedure for instituting proceedings pursuant to this Article; (b) specifying the powers of the High Court in relation to the hearing of proceedings instituted pursuant to this Article; (c) ensuring the effective exercise of the powers of the High Court, the preservation and enforcement of the rights, freedoms and duties in accordance with this Constitution.” While Section 4 of the Basic Rights and Duties Act,41 provides for the right to apply to the High Court for redress. It stipulates that: “If any person alleges that any of the provisions of sections 12 to 29 of the Constitution has been, is being or is likely to be contravened in relation to him, he may, without prejudice to any other action with respect to the same matter that is lawfully available, apply to the High Court for redress.” 5. Communication 162/97. 6. A.A. Cacado Trinidade, The Application of the Rule of Exhaustion of Local Remedies in International Law 1 (1983) 7. The Constitution of Tanzania is available at http://www.lrct.or.tz/documents/REPUBLIC.pdf 8. The Basic Rights and Duties Enforcement Act (Cap 3 R.E. 2002), available at http://www.lrct.or.tz/documents/DUTIES.pdf 9. Communication 242/2001 10. Note above para. 27. 11. See also Article 26 of the European Convention on Human Rights (the European Convention). 12. Communication 308/05. 13. Note above, para. 110. 14. Communication 310/05. 15. Note above, 78 and 79. 16. Communication 307/2005. 17. Note above, para. 88 and 89.

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