In the matter of TLS,LHRC & Rev. Mtikila vs. URT

Advocates in action

Dear valued reader,

Please read the summary of Judgement of the African Court in the matter of the Tanganyika Law Society, Legal and Human Rights Centre, and Rev. Christopher Mtikila Versus The United Republic of Tanzania.

 On June 14th 2013, The African Court delivered a Judgement in the matter of the Tanganyika Law Society, Legal and Human Rights Centre, and Reverend Christopher Mtikila v the United Republic of Tanzania (Applications Numbers 009 of 2011 and 011 of 2011, Consolidated).
The Court decided:

1. Unanimously that the Respondent State had violated Art. 10 and 3 (1) of the Charter. Amendment passed was a violation of Art 2, 10 and 13 of the Charter;
2. 7: 2 Respondent State had violated Art. 3 (2) of the Charter;
3. Prohibition to participate as an independent candidate constituted discrimination.

With regard to preliminary objections, the Court found that:

1. Although the Court was not yet in operation at the time when the alleged violation occurred, the respondent state had signed and ratified the African Charter which contains the rights in question. Violation was still continuing and Court had jurisdiction according to Article 3 (1) of the Charter.
2. Even though not all remedies are adequate, remedies must be Sufficient, Accessible and Effective not only in theory but also in practice. The Respondent failed to prove that they provided such remedies;
3. With regard to submitting a case in a timely manner the court said that there had been a significant delay in parliament providing a remedy;

The Court:

1. Called upon the Respondent State to take all measures (constitutional, legal, etc) to rectify this violation;
2. Granted the 2nd Respondent (Rev. Christopher Mtikila) leave to file a Request for Reparations within 30 days of the Judgment.

The Pan African Lawyers Union (PALU) was happy to have been amongst the lawyers representing the Applicants, who included its local Member Organization: the Tanganyika Law Society. We will continue to assist our readers as it pursues full compliance with the Decision of the Court.

This marks the first case in the history of the Court to proceed on merits and in which the Applicants were successful. RAA applauds the African Court for the work it is doing in the area of Human Rights violations.

rubafu attorneys