Wakilii

Nondo and Others v United Republic of Tanzania (Application No. 040-2020; Application No. 043-2020)

African Court on Human and Peoples' Rights · [2025] AfCHPR 33 · 2025 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for reopening of pleadings in consolidated constitutional challenge applications
Decision
Pleadings reopened to allow consideration of new legislative developments

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 held that pleadings in consolidated applications challenging Tanzanian electoral laws should be reopened to allow consideration of the Independent National Electoral Commission Act No. 2 of 2024. The Court exercised its discretionary power under Rule 46(3) and its inherent power under Rule 90 to meet the ends of justice, holding that its decisions must consider all relevant legal developments including recently enacted legislation.

Outcome

Pleadings reopened to allow consideration of new legislative developments

Facts

Three Tanzanian nationals filed consolidated applications before the African Court on Human and Peoples' Rights challenging various provisions of Tanzania's electoral laws as violations of the African Charter, UDHR, and ICCPR. The applications were filed in November 2020. Tanzania responded in February and July 2022. Pleadings closed on 11 September 2024. On 25 June 2025, Tanzania filed a submission requesting the Court to consider the Independent National Electoral Commission Act No. 2 of 2024, which had been enacted after pleadings closed. The Applicants did not file observations on Tanzania's request.

Issues

  1. Whether pleadings should be reopened to allow the Court to consider recent legislative developments in the Respondent State.
  2. Whether the Respondent State's submission dated 24 June 2025 should be deemed properly filed.

Orders

  • Pleadings in Consolidated Application Nos. 040/2020 and 043/2020 are reopened.
  • The Respondent State's submission dated 24 June 2025 is deemed to have been properly filed.

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 to reopen pleadings, and this discretionary power is exercised in the interests of justice taking into account the circumstances of each case.
Civil Procedure — Inherent Powers — Ends of Justice
Rule 90 of the Rules of Court confers inherent power on the Court to adopt such procedure or decisions as may be necessary to meet the ends of justice, and this power is not limited by other provisions of the Rules.
Civil Procedure — Reopening of Pleadings — Recent Legislative Developments
Where a respondent state has enacted legislation relevant to pending proceedings after the close of pleadings, the interests of justice require that pleadings be reopened to allow the Court to consider all relevant legal developments including recently enacted legislation.

Legislation cited (13)

  • 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 46(4)
  • Rules of Court Rule 90
  • Constitution of Tanzania Article 74(1)
  • Constitution of Tanzania Article 74(3)
  • Constitution of Tanzania Article 74(5)
  • Constitution of Tanzania Article 74(12)
  • Constitution of Tanzania Article 74(14)
  • Constitution of Zanzibar Article 119(13)
  • Independent National Electoral Commission Act No. 2 of 2024

Cases cited (3)

  • Andrew Ambrose Cheusi v United Republic of Tanzania (Merits and Reparations) (26 June 2020) 4 AfCLR 219
  • Kennedy Owino Onyachi and Another v United Republic of Tanzania (Reopening of Pleadings) (20 July 2021) 5 AfCLR 321
  • Almas Mohamed Muwinda and Others v United Republic of Tanzania (Reopening of Pleadings) (5 March 2021) 5 AfCLR 82

Full judgment

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

Nondo and Others v United Republic of Tanzania (Application No. 040-2020; Application No. 043-2020) [2025] AfCHPR 33 (15 September 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.