Wakilii

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

African Court on Human and Peoples' Rights · [2026] AfCHPR 7 · 2026 Application Partly Allowed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Consolidated applications challenging constitutional provisions governing Tanzania's electoral commissions
Decision
Application partly allowed; Tanzania ordered to amend constitutional provisions ousting judicial review of electoral commission decisions and to report on implementation

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The African Court held that Tanzania's constitutional provisions ousting judicial review of electoral commission decisions violate the African Charter. Article 74(12) of Tanzania's Constitution and Article 119(13) of Zanzibar's Constitution breach the rights to equality before the law and to have one's cause heard by denying individuals access to courts to challenge electoral commission actions. The Court ordered Tanzania to amend these provisions within 24 months to align with Charter obligations, finding that absolute exclusion of judicial oversight undermines accountability and the rule of law in electoral processes.

Outcome

Application partly allowed; Tanzania ordered to amend constitutional provisions ousting judicial review of electoral commission decisions and to report on implementation

Facts

Three Tanzanian nationals challenged provisions in Tanzania's electoral laws governing the National Electoral Commission and Zanzibar Electoral Commission. The applicants alleged that Article 74(1), (3), (5), (12), and (14) of Tanzania's 1977 Constitution and Article 119(13) of Zanzibar's 1984 Constitution violated the African Charter, UDHR, and ICCPR. The challenged provisions concerned the appointment and removal of commission members by the President, eligibility criteria, prohibition on political party membership for electoral officials, and ouster clauses preventing courts from reviewing commission actions. Tanzania deposited its declaration accepting the Court's jurisdiction on 29 March 2010 and withdrew it on 21 November 2019, effective 22 November 2020. The applications were filed on 19 November 2020, before the withdrawal took effect, and were consolidated by the Court.

Issues

  1. Whether the Court has temporal jurisdiction to hear applications challenging constitutional provisions enacted before Tanzania ratified the African Charter and Protocol.
  2. Whether the applications were filed within a reasonable time as required by Article 56(6) of the African Charter.
  3. Whether the applicants exhausted domestic remedies before seizing the Court.
  4. Whether Article 74(12) of Tanzania's Constitution and Article 119(13) of Zanzibar's Constitution, which oust court jurisdiction to review electoral commission decisions, violate the right to equality before the law and equal protection under Article 3(2) of the African Charter.
  5. Whether Article 74(12) of Tanzania's Constitution and Article 119(13) of Zanzibar's Constitution violate the right to have one's cause heard under Article 7(1)(a) of the African Charter.

Orders

  • Objection to jurisdiction dismissed.
  • Court has jurisdiction to hear the applications.
  • Objection to admissibility dismissed.
  • Application inadmissible regarding allegations on composition, eligibility, removal of electoral commission members, and prohibition on political party membership for electoral officials, for failure to exhaust domestic remedies.
  • Application admissible regarding allegations on ouster of court jurisdiction under Article 74(12) of Tanzania's Constitution and Article 119(13) of Zanzibar's Constitution.
  • Tanzania violated Article 3(2) of the African Charter by ousting court jurisdiction to review electoral commission actions.
  • Tanzania violated Article 7(1)(a) of the African Charter by ousting court jurisdiction to review electoral commission actions.
  • Tanzania violated Article 1 of the African Charter.
  • Prayer for civic education campaigns dismissed.
  • Tanzania ordered to amend Article 74(12) of its Constitution and Article 119(13) of Zanzibar's Constitution within 24 months to eliminate violations of Articles 3(2) and 7(1)(a) of the Charter.
  • Tanzania ordered to publish judgment on Judiciary and Ministry for Constitutional and Legal Affairs websites in English and Kiswahili within three months, to remain accessible for at least one year.
  • Tanzania ordered to submit implementation report within 12 months, then every six months until full implementation.
  • Each party to bear its own costs.

Rules and key headnotes

Temporal Jurisdiction — Continuing Violations — Constitutional Provisions Predating Treaty Ratification
A regional human rights court has temporal jurisdiction to adjudicate alleged violations arising from constitutional provisions enacted before a State ratified the relevant human rights instruments, where those provisions remain in force and continue to violate rights after ratification, because continuing violations renew themselves for as long as they remain unremedied.
Admissibility — Exhaustion of Domestic Remedies — Ouster Clauses
Where constitutional provisions oust the jurisdiction of domestic courts to review the actions of a public body, applicants are not required to exhaust domestic remedies before seizing a regional human rights court, because such ouster clauses deprive litigants of available, sufficient, and effective remedies.
Right to Equality — Equal Protection of the Law — Ouster of Judicial Review
Constitutional provisions that oust the jurisdiction of courts to review the actions of electoral commissions violate the right to equal protection of the law where, although facially neutral, they have a disproportionate effect on individuals seeking legal redress for electoral grievances by denying them access to judicial remedies available to other citizens.
Right to Fair Hearing — Access to Courts — Absolute Exclusion of Judicial Oversight
The right to have one's cause heard under Article 7(1)(a) of the African Charter includes the right of access to a court for adjudication of grievances and the right to appeal against judicial decisions; constitutional provisions that categorically oust the jurisdiction of courts from reviewing the actions and decisions of electoral commissions violate this right by creating an absolute exclusion of judicial oversight.
Limitation of Rights — Justification under Article 27(2) — Burden of Proof
When a State imposes a restriction on fundamental rights guaranteed by the African Charter, it bears the burden of proving that the restriction is legally prescribed under both domestic and international law, serves a legitimate purpose, and is necessary and proportionate to achieving that purpose; a State cannot invoke its internal laws to justify non-compliance with international human rights obligations.
Independence of Electoral Commissions — Judicial Oversight — Balance with Accountability
While safeguarding the independence of electoral commissions is a legitimate aim, outrightly shielding such bodies from judicial scrutiny disrupts the balance between institutional independence and accountability, violating the fundamental principle that no institution should be above the law, and creates a risk of unchecked electoral irregularities that undermine democratic principles and the rule of law.
Reparations — Constitutional and Legislative Amendments — Reasonable Time
Where a regional human rights court finds that constitutional provisions violate a human rights treaty, it may order the State to take all necessary constitutional and legislative measures within a reasonable time to amend the impugned provisions and align them with treaty obligations; 24 months is a reasonable period for such amendments.

Legislation cited (14)

  • African Charter on Human and Peoples' Rights Article 1
  • African Charter on Human and Peoples' Rights Article 3
  • African Charter on Human and Peoples' Rights Article 7
  • Constitution of Tanzania 1977 Article 74(1)
  • Constitution of Tanzania 1977 Article 74(3)
  • Constitution of Tanzania 1977 Article 74(5)
  • Constitution of Tanzania 1977 Article 74(12)
  • Constitution of Tanzania 1977 Article 74(14)
  • Constitution of Zanzibar 1984 Article 119(13)
  • Protocol to the African Charter on Human and Peoples' Rights on the Establishment of an African Court on Human and Peoples' Rights Article 3
  • Protocol to the African Charter on Human and Peoples' Rights on the Establishment of an African Court on Human and Peoples' Rights Article 27(1)
  • International Covenant on Civil and Political Rights Article 25
  • International Covenant on Civil and Political Rights Article 26
  • Universal Declaration of Human Rights Article 21

Cases cited (9)

  • Cheusi v United Republic of Tanzania (Merits and Reparations) (26 June 2020) 4 AfCLR 219
  • Kambole v United Republic of Tanzania (15 July 2020) 4 AfCLR 460
  • Kadumbagula and Magunga v United Republic of Tanzania (Application No. 031/2017)
  • LIDHO and Others v Republic of Côte d'Ivoire (Application No. 041/2016)
  • Zongo and Others v Burkina Faso (Merits) (28 March 2014) 1 AfCLR 219
  • Tanganyika Law Society and Mtikila v United Republic of Tanzania (Merits) (14 June 2013) 1 AfCLR 34
  • APDF and IHRDA v Mali (Merits) (2018) 2 AfCLR 380
  • Amy P. Kibatala v. The Attorney General and the Director of the National Electoral Commission of Tanzania
  • Attorney General and Two others v. Aman Walid Kabourou

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) [2026] AfCHPR 7 (6 March 2026)
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.