Application filed on: 13th May 2019 & 1st July 2019 respectively.
Rule: 84 (2) of the East African Court of Justice (EACJ) Rules of Procedure, 2013.
Subject matter: seeking Court order striking out Respondent notice of appeal.
The first Applicant (Mseto) is a weekly local newspaper in Tanzania and the Second Applicant is a publisher of Mseto. Both are legal persons under Tanzania law, represented by their Managing Director, Mr. Saed Kubenea.
The Applicants seek for an order striking out a notice of appeal filed on 19th August 2018 by the Attorney General of the United Republic of Tanzania. In that notice, the Attorney General intends to appeal against a decision of the First Instance Division delivered on 21st June 2018. The Applicants challenge the notice for reasons that, it was filed after the said decision was made and until 19th February 2020 neither the appeal was filed nor justification for delay was given. Further submit that, an Application by the Respondent seeking extension of time to file their appeal out of time was filed immediately after the Applicants filed this Application to strike out the notice appeal. The Applicants therefore prayed for an order striking out the notice of appeal to allow them enjoy the fruits of the decision by First Instance Division.
The First Instance Division in its decision, declared an order issued by the former Tanzanian Minister for Information, Culture, Arts and Sports dated 10th August 2016 that banned publication of Mseto newspaper, a restriction of press freedom and thereby constitutes a violation of the Respondent State obligation under Articles 6 (d) and 7 (2) of the Treaty for the Establishment of the East African Community. The newspaper was banned for allegedly publishing incitements and false news.
The Respondent opposes this Application for reasons that, the delay was occasioned by a restructuring in the office of the Attorney General of Tanzania moving from Dar es Salaam to Dodoma at the time which led the Respondent file the application for extension of time to file the Appeal out of time. Further
added that, a new law in place (the Media Services Act, 2016) provides a procedure to be followed by any person who wants to renew his or her licence. Hence, the Applicants have a duty to follow the procedure and renew their licence. He prayed for dismissal of the Application with costs and Court allows the Appeal to be filed.
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