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Legal and Human Rights Center and Liberatus Mwang'ombe v United Republic of Tanzania (Application No. 041-2020)

African Court on Human and Peoples' Rights · [2025] AfCHPR 17 · 2025 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for reopening of pleadings in human rights case concerning voting rights
Decision
Pleadings reopened; matter to proceed with Respondent State's defence

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The African Court on Human and Peoples' Rights granted the Respondent State's request to reopen pleadings in a case concerning alleged violations of voting rights of prisoners and diaspora citizens. The Court exercised its discretionary power under Rule 46(3) and its inherent power under Rule 90, finding it in the interest of justice to permit the Respondent State to file its defence in a matter involving political participation and elections. The Court allowed 7 days from receipt of the Order for the Response to be filed.

Outcome

Pleadings reopened; matter to proceed with Respondent State's defence

Facts

The Applicants filed an Application on 19 November 2020 alleging that Tanzania's Constitution and National Elections Act restrict prisoners and diaspora citizens from voting. The Application was served on the Respondent State on 7 December 2020 with 90 days to file a Response. The Respondent State did not file any response despite notification under Rule 63 on 29 September 2021 that the Court would proceed to judgment in default. Pleadings were closed on 9 February 2022. On 9 May 2025, over three years later, the Respondent State filed a Request for reopening of pleadings, stating it required time to verify information from various government institutions regarding prisoner and diaspora voting statistics, procedures, and constitutional amendment records.

Issues

  1. Whether the Court should exercise its discretion to reopen pleadings after they had been closed for over three years.
  2. Whether the Respondent State should be granted additional time to file its Response to the Application.

Orders

  • Pleadings in Application No. 041-2020 are reopened.
  • Respondent State ordered to file its Response to the Application, if any, within 7 days from the date of receipt of this Order.

Rules and key headnotes

Civil Procedure — Reopening of Pleadings — Discretionary Power of Court
The African Court on Human and Peoples' Rights has discretion under Rule 46(3) to determine whether or not to reopen pleadings, and this discretion may be exercised in the interest of justice even after pleadings have been closed for an extended period.
Civil Procedure — Inherent Powers — Ends of Justice
Rule 90 of the Rules of Court preserves the inherent power of the Court to adopt such procedure or decisions as may be necessary to meet the ends of justice, notwithstanding any limitations in the Rules.
Human Rights — Political Participation — Interest of Justice in Permitting Defence
In applications involving alleged violations of political participation and elections, it is in the interest of justice to permit a respondent state to file its defence even where pleadings have been closed, to ensure proper administration of justice.

Legislation cited (10)

  • Protocol to the African Charter on Human and Peoples' Rights on the Establishment of an African Court on Human and Peoples' Rights Article 22
  • Protocol to the African Charter on Human and Peoples' Rights on the Establishment of an African Court on Human and Peoples' Rights Article 34(6)
  • Rules of Court Rule 9(2)
  • Rules of Court Rule 46(3)
  • Rules of Court Rule 63
  • Rules of Court Rule 90
  • Constitution of the Republic of Tanzania Article 5(2)(c)
  • Constitution of the Republic of Tanzania Article 74(6)
  • Constitution of the Republic of Tanzania Article 74(12)
  • National Elections Act (Cap. 343 R.E 2015) Section 11(1)(c)

Cases cited (1)

  • Andrew Ambrose Cheusi v United Republic of Tanzania (26 June 2020) 4 AfCLR 219

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

Legal and Human Rights Center and Liberatus Mwang'ombe v United Republic of Tanzania (Application No. 041-2020) [2025] AfCHPR 17 (20 May 2025)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.