Coming up for hearing: on 18th November 2021.
Reference filed: on 12th April 2019.
Articles: 6(d), 7(2), 8(1) (c), 27 and 30 of the Treaty for the Establishment of the East African Community.
Rules: 1(2) and 24 of the East African Court of Justice Rules of Procedure, 2019.
Subject matter: Freedom of association.
The Applicants are natural persons and citizens of the United Republic of Tanzania. The first Applicant is a member and party chair of Chama cha Demokrasia na Maendeleo (CHADEMA), a political party registered in Tanzania. The second Applicant is a member and party leader of Alliance for Change and Transparent-(WAZALENDO), a political party registered in Tanzania. The third Applicant is a member and party Chair of the Chama cha Umma, a political party registered in Tanzania. The fourth Applicant is a former first Vice President of the Revolutionary Government of Zanzibar and a member of the Alliance for Change and Transparent (WAZALENDO), a political party registered in Tanzania. The fifth Applicant is Zanzibar Deputy Secretary General for Chama cha Demokrasia na Maendeleo (CHADEMA).
The Respondent is the Attorney General of the Republic of Tanzania sued on behalf of the Government of Tanzania.
The Applicants allege that, some provisions of The Political Parties (Amendments) Act, No. 1 of 2019 enacted by the Parliament of the United Republic of Tanzania on 29th January 2019 to amend and add some provisions in the Political Parties Act, Cap 258 (The Principal Act), which was assented to by the President of the Respondent State on 13th February 2019 and gazetted on 22nd February 2019, contain unjustified restriction on the freedom of association, is discriminative, restricts people’s right to participate in public affairs, denies people’s rights to personal security and safety and therefore violates the fundamental principles of the Community enshrined in Articles 6(d), 7(2) and 8(1)(c) of the Treaty for the Establishment of the East African Community of which, Tanzania has an obligation to abide to.
Further that, the Reference has been filled within two months of the assent as required under Article 30(2) of the Treaty and this Court has jurisdiction to consider the matter and grant the reliefs sought by the Applicants.
The Applicants seek for a declaration that, specific sections of the Act complained of, contravenes the Treaty provisions, the Respondent be ordered to cease the application of the challenged Act and costs for the Reference be met by the Respondent.
The Respondent dispute the Reference for being unmaintainable for lack of jurisdiction, incompetent, bad in law and claims that, the Applicants are not entitled to any reliefs sought and pray for dismiss the Reference with costs.
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Contact: Registrar, East African Court of Justice, P.O. Box 1096 Arusha, Tanzania Tel: +255 27 2506093 Fax: +255 27 27 2509493 Email: eacj@eachq.org