Shaibu and Others v United Republic of Tanzania (Application No. 046-2020)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The Court exercised its discretion under Rule 46(3) to reopen pleadings, allowing the Respondent State to file additional evidence and submissions within 15 days. The Court dismissed the Applicants' request for a decision at an extraordinary session, finding that further processing was required given the complexity of the electoral rights issues and the potential broader impact of the case.
Outcome
Pleadings reopened; Respondent State granted leave to file additional submissions and evidence; matter to proceed to deliberation after further pleadings
Facts
The Applicants, all Tanzanian nationals and members of the Alliance for Change and Transparency political party, filed an application alleging violations of their rights preceding, during and after the 2020 general elections in Tanzania. The alleged violations included unilateral appointment of electoral commissioners, discrimination on political grounds, and electoral malpractices that curtailed their rights to campaign and participate as candidates and voters. Pleadings were initially closed on 22 October 2024. The Court granted the Applicants' request to reopen pleadings on 28 February 2025, after which pleadings closed again on 22 April 2025. On 25 June 2025, the Respondent State requested reopening of pleadings to file additional evidence concerning new electoral laws enacted after the initial pleadings.
Issues
- Whether the Court should reopen pleadings to allow the Respondent State to file additional evidence and submissions.
- Whether the Court should deliver a decision on the substantive application at an extraordinary session.
Orders
- Request for a decision to be rendered during an extraordinary session dismissed.
- Pleadings in Application No. 046/2020 reopened.
- Respondent State ordered to file its submissions within 15 days of notification of this order.
Cases cited (1)
- Andrew Ambrose Cheusi v United Republic of Tanzania (26 June 2020) 4 AfCLR 219
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.