African Court Orders Tanzania to Amend Constitution on Election Challenges

The African Court on Human and Peoples’ Rights has mandated Tanzania to amend constitutional provisions that prevent judicial scrutiny of electoral bodies and presidential election results. The court found these provisions violate the rights to equality before the law and a fair hearing as guaranteed by the African Charter on Human and Peoples’ Rights.

Background

In two cases, Tanzanian nationals and members of the opposition party ACT-Wazalendo challenged the country's electoral laws. They argued that certain constitutional articles barred courts from reviewing actions of the Independent National Electoral Commission (INEC) and the Zanzibar Electoral Commission (ZEC), as well as presidential election results, thereby infringing on citizens' rights to legal recourse.

Court's Findings

The court determined that Articles 74(12) and 119(13) of Tanzania's Constitution, which shield INEC and ZEC from judicial review, and Article 41(7), which prevents courts from questioning presidential election outcomes, contravene the African Charter. These provisions were deemed to impose disproportionate burdens on individuals seeking legal redress for electoral grievances.

Orders Issued

The court ordered Tanzania to:

• Amend Articles 74(12) and 119(13) to allow judicial review of electoral bodies' actions.
• Amend Article 41(7) to permit courts to examine presidential election results.
• Publish the full judgments in both English and Swahili on official government websites within three months.
• Report on the implementation of these amendments within twelve months, with subsequent reports every six months until full compliance is achieved.

Implications

This landmark ruling underscores the necessity for constitutional reforms to ensure electoral processes in Tanzania are subject to judicial oversight, thereby enhancing transparency and accountability. The decision is expected to have significant implications for the country's legal and political landscape, reinforcing the judiciary's role in upholding democratic principles.

For more details, refer to the full article on The Chanzo: African Court Orders Tanzania to Scrap Constitutional Bars on Challenging Electoral Bodies and Presidential Election Results.