Wakilii

Mtega and Another v United Republic of Tanzania (Application No. 009-2019)

African Court on Human and Peoples' Rights · Mtega and Another v United Republic of Tanzania (Application No. 009-2019) [2023] AfCHPR 51 (26 July 2023) · 2023 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for provisional measures before the African Court on Human and Peoples' Rights following domestic conviction and exhaustion of appeals
Decision
Request for provisional measures dismissed; main application remains pending

Observed later treatment

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Holding

The African Court on Human and Peoples' Rights dismissed the applicants' request for provisional measures. The Court held that it had prima facie jurisdiction despite Tanzania's withdrawal of its Declaration, as the withdrawal took effect on 22 November 2020 and did not affect applications filed before that date. However, the applicants failed to substantiate their request by demonstrating extreme gravity, urgency, or the necessity of avoiding irreparable harm as required under Article 27(2) of the Protocol.

Outcome

Request for provisional measures dismissed; main application remains pending

Facts

The applicants are Tanzanian nationals serving life sentences after being convicted of gang rape by the District Court at Ludewa on 2 September 2013. They were also sentenced to twelve strokes of the cane. Their appeal to the High Court at Iringa was dismissed on 18 September 2015, and their further appeal to the Court of Appeal was dismissed on 3 August 2016. On 22 March 2019, they filed an application with the African Court alleging violation of their rights under Article 5 of the African Charter during domestic proceedings. On 23 May 2019, they requested provisional measures under Article 27 of the Protocol without providing particulars. Tanzania withdrew its Declaration accepting the Court's jurisdiction on 21 November 2019, with effect from 22 November 2020.

Issues

  1. Whether the Court has prima facie jurisdiction to hear the application for provisional measures given Tanzania's withdrawal of its Declaration under Article 34(6) of the Protocol.
  2. Whether the applicants have established extreme gravity and urgency necessitating the grant of provisional measures.
  3. Whether the applicants have demonstrated the necessity of avoiding irreparable harm.

Orders

  • Request for provisional measures dismissed.

Rules and key headnotes

Human Rights — Jurisdiction — Withdrawal of Declaration — Effect on Pending Applications
The withdrawal of a State's Declaration under Article 34(6) of the Protocol to the African Charter comes into effect one year after its deposit, has no retroactive effect, and does not affect pending cases or new cases filed before the withdrawal takes effect.
Human Rights — Provisional Measures — Prima Facie Jurisdiction
In examining applications for provisional measures, the Court need not ascertain that it has jurisdiction on the merits of the case but simply needs to satisfy itself that it has prima facie jurisdiction.
Human Rights — Provisional Measures — Requirements for Grant
Under Article 27(2) of the Protocol, provisional measures may be granted only in cases of extreme gravity and urgency and where necessary to avoid irreparable harm to persons. The applicant bears the burden of substantiating the request by demonstrating these elements.

Cases cited (7)

  • Andrew Ambrose Cheusi v United Republic of Tanzania (26 June 2020) 4 AfCLR 219
  • African Commission on Human and Peoples' Rights v Libya (25 March 2011) 1 AfCLR 17
  • African Commission on Human and Peoples' Rights v Kenya (15 March 2013) 1 AfCLR 193
  • Komi Koutche v Republic of Benin (2 December 2019) 3 AfCLR 725
  • Ingabire Victoire Umuhoza v Republic of Rwanda (3 June 2016) 1 AfCLR 562
  • Armand Guehi v United Republic of Tanzania (18 March 2016) 1 AfCLR 587
  • Charles Kajoloweka v Republic of Malawi (27 March 2020) 4 AfCLR 34

Full judgment

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

Mtega and Another v United Republic of Tanzania (Application No. 009-2019) [2023] AfCHPR 51 (26 July 2023)
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.