Reference filed: on 2nd November 20016.
Articles: 6, 7, 27 (3), 28, 29 & 30 of the Treaty for the Establishment of the East African Community.
Articles: 15 & 20 of the United Nations Declaration of Human Rights 1948.
Articles: 20 &21 of the African Charter on Human and Peoples Rights.
Articles: 1, 2. 9 (1) & (2), 12, 18, 23 & 24 of the Constitution of Zanzibar and all enabling provisions of the law.
Subject matter: Alleged illegality of the Union of Tanzania.
The Applicants, Rashid Salum Adiy and 39,999 others are all citizens of Zanzibar. They are challenging the legality, legitimacy and continued existence of the Articles of Union which created the United Republic of Tanzania.
The Applicants alleges that, the purported Articles of Union allegedly signed between the Republic of Tanganyika and the People’s Republic of Zanzibar is non-existent and the alleged signing of the same is a nullity ab initio. Further alleges that, the signed Articles of Union between the Republic of Tanganyika and the People’s Republic of Zanzibar was not ratified on the 25th April 1964.
The Applicants contends that, the subsequent adoption and recognition by the Secretary General of the United Nations of the purported Articles of Union in May 1964 was unlawful and illegal as the same was never registered in accordance with Article 102 of the United Nations Charter. Further that, the adoption and recognition by the Secretary General of the United Nations the name ‘United Republic of Tanzania’ was a fraud as there was no evidence of ratification by the Government of Zanzibar and the purported change of name of the two States was a violation of International law of Nations.
The Applicants therefore seek inter alia for orders and declaration that;
- The purported Articles of the Union allegedly signed on the 22nd April 1964 between the Republic of Tanganyika and the People’s Republic of Zanzibar is non-existence;
- The purported Republic of Tanganyika to signify a union between the Republic of Tanganyika and the People’s Republic of Zanzibar is nullity;
- A declaration that the Revolutionary Government of Zanzibar is an autonomous and sovereign state on its own;
- An order directed at the Revolutionary Council of the Revolutionary Government of Zanzibar in conjunction with the Cabinet of Ministers to enact laws re-establishing the autonomy and sovereignty of the Revolutionary of Zanzibar.
The Respondent in opposing the Reference argues that, on 22nd April 1964 valid Articles of Union between Republic of Tanganyika and the People’s Republic of Zanzibar were signed and ratified on 25th April 1964. The Articles were signed, deposited and registered in accordance with international laws and the United Nations procedural rules derived from the United Nations Charter.
The United Republic of Tanzania is recognized by nations of the world and the United Nations as a sovereign state. The name the United Republic of Tanzania was procedurally passed and validated by both sides of the union, therefore officially recognized by the Secretary General of the United Nations. The Respondent further submits that, the change of name after the union was in compliance with the Declaration of Names Act of 1964, international laws, practice and procedures and laws of nations.
The Union of Tanganyika and Zanzibar Act no. 22 of 1964 clearly states that, upon union day and thereafter, the Republic of Tanganyika and people’s Republic of Zanzibar be united into one Sovereign Republic by the name of the United Republic of Tanzania. Both Constitutions of the United Republic of Tanzania (as amended) and the Constitution of Zanzibar of 1984 (as amended) recognize the union between the former Republic of Tanganyika and the People’s Republic of Zanzibar into one sovereign nation that it is the United Republic of Tanzania.
The Respondent prays for dismissal of the Reference and declarations that; the Court lacks jurisdiction to entertain the matter. In alternative, a declaration be issued that the Union between the United Republic of Tanzania and the People’s Republic of Zanzibar is legal and valid.
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