Wakilii

Shaibu and Others v United Republic of Tanzania (Application No. 046-2020)

African Court on Human and Peoples' Rights · [2026] AfCHPR 4 · 2026 Application Partly Allowed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application to the African Court on Human and Peoples' Rights alleging violations of rights during the 2020 general elections in Tanzania
Decision
Application partly allowed — Court found violations of Articles 1 and 7(1) of the African Charter and ordered constitutional amendment and publication of judgment

Observed later treatment

No later-treatment classification is recorded for this judgment.

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

AI-generated summary. This summary was generated by AI from the full text of the judgment. It may contain errors or omissions—always read the source judgment before relying on it.

Holding

The African Court held that Article 41(7) of Tanzania's Constitution violates Articles 1 and 7(1) of the African Charter by barring national courts from hearing challenges to presidential election results. The Court found that electoral disputes implicate Charter rights and citizens must have judicial recourse to challenge Electoral Commission decisions. The Court ordered Tanzania to amend its Constitution within one year to align with Charter provisions and to publish the judgment in English and Kiswahili.

Outcome

Application partly allowed — Court found violations of Articles 1 and 7(1) of the African Charter and ordered constitutional amendment and publication of judgment

Facts

The Applicants, all Tanzanian nationals and members of the political party ACT Wazalendo, alleged violations of their rights during the 2020 general elections in Tanzania. They claimed that the electoral process was marred by unilateral appointment of electoral commissioners, discrimination on political grounds, electoral malpractices, violence, torture, intimidation, arrest and detention by police. The Applicants alleged these actions curtailed their rights as candidates and voters to campaign and participate in elections. The core issue concerned Article 41(7) of Tanzania's Constitution, which bars courts from inquiring into presidential elections once the Electoral Commission declares a winner. Tanzania had previously been found in violation of the Charter on this issue in Jebra Kambole v Tanzania but had not implemented the Court's order to establish remedies for challenging presidential election results.

Issues

  1. Whether the Court has jurisdiction to hear the Application.
  2. Whether the Application is admissible, particularly regarding exhaustion of local remedies and whether the matter has been previously settled.
  3. Whether Article 41(7) of Tanzania's Constitution, which bars courts from inquiring into presidential elections, violates Article 7(1) of the African Charter (right to have one's cause heard).
  4. Whether Tanzania violated Article 1 of the African Charter by failing to adopt measures giving effect to the rights in the Charter.

Orders

  • Objection to jurisdiction dismissed.
  • Court has jurisdiction.
  • Objection to admissibility based on Articles 56(4), 56(5) and 56(7) of the Charter dismissed.
  • Objection to admissibility upheld regarding non-exhaustion of local remedies on alleged violations of Articles 2, 4, 5, 6, 7(1), 9(1), 11, 13, and 14 of the Charter.
  • Application declared admissible with respect to alleged violations of Articles 1 and 7(1) of the Charter concerning lack of remedies to challenge presidential elections.
  • Article 41(7) of Tanzania's Constitution violates Articles 1 and 7(1) of the Charter.
  • Tanzania ordered to take all necessary constitutional and legislative measures within one year to amend Article 41(7) and align it with the Charter.
  • Tanzania ordered to publish the judgment in English and Kiswahili within six months on the websites of the Judiciary and Ministry for Constitutional and Legal Affairs, ensuring accessibility for at least one year.
  • Tanzania ordered to submit implementation reports to the Court within six months and thereafter every six months until full implementation.
  • Each party to bear its own costs.

Rules and key headnotes

Constitutional Law — Judicial Review — Ouster Clauses — Presidential Elections
A constitutional provision that bars courts from inquiring into the election of a presidential candidate declared elected by an Electoral Commission violates the right to have one's cause heard under Article 7(1) of the African Charter on Human and Peoples' Rights, as electoral disputes implicate Charter rights and citizens must have judicial recourse to challenge Electoral Commission decisions.
Human Rights — Right to Fair Hearing — Access to Courts — Electoral Disputes
The right to have one's cause heard encompasses the right to bring a petition before competent judicial authorities alleging violations of rights and the right to appeal to higher judicial authorities. Every complainant is entitled to an effective remedy before a competent and impartial judicial body regardless of the position or status of the victim or alleged perpetrator.
Constitutional Law — State Obligations — Implementation of Human Rights Treaties
Article 1 of the African Charter requires States not only to adopt measures giving effect to Charter rights but also to effectively implement those measures to achieve the Charter's object and purpose. A State that fails to establish laws or judicial procedures through which presidential election results may be challenged violates Article 1.
Administrative Law — Exhaustion of Local Remedies — Unavailability of Remedies
Where a constitutional provision expressly ousts the jurisdiction of national courts to hear challenges to presidential elections, local remedies are unavailable and the requirement to exhaust local remedies under Article 56(5) of the African Charter is satisfied with respect to allegations concerning presidential elections.
Human Rights — Continuing Violations — Time Limits for Filing Applications
Where an interference with a Charter right emanates directly from legislation, the maintenance in force of the impugned legislation constitutes a continuing interference with the right. In such cases, the time limit for seizing the Court does not begin to run until the situation complained of has ended, and continuing violations renew themselves daily as long as the State fails to remedy them.
Electoral Law — Presidential Elections — Judicial Scrutiny — Electoral Commission Decisions
It is anomalous that citizens are not provided with an avenue for invoking judicial scrutiny of Electoral Commission decisions in relation to presidential elections, as such decisions may affect the rights of citizens. The lack of opportunity for judicial scrutiny of the declaration of a presidential election winner is contrary to the values underlying the African Charter.

Legislation cited (25)

  • African Charter on Human and Peoples' Rights Article 1
  • African Charter on Human and Peoples' Rights Article 2
  • African Charter on Human and Peoples' Rights Article 3
  • African Charter on Human and Peoples' Rights Article 4
  • African Charter on Human and Peoples' Rights Article 5
  • African Charter on Human and Peoples' Rights Article 6
  • African Charter on Human and Peoples' Rights Article 7(1)
  • African Charter on Human and Peoples' Rights Article 9
  • African Charter on Human and Peoples' Rights Article 11
  • African Charter on Human and Peoples' Rights Article 13
  • African Charter on Human and Peoples' Rights Article 14
  • African Charter on Human and Peoples' Rights Article 56
  • 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 6(2)
  • 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)
  • 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)
  • Constitution of Tanzania 1977 Article 41(7)
  • Constitution of Tanzania 1977 Article 74(12)
  • Constitution of Zanzibar Article 119(13)
  • International Covenant on Civil and Political Rights Article 2
  • International Covenant on Civil and Political Rights Article 14
  • International Covenant on Civil and Political Rights Article 19
  • International Covenant on Civil and Political Rights Article 21
  • International Covenant on Civil and Political Rights Article 25
  • Maputo Protocol Article 2

Cases cited (13)

  • Andrew Ambrose Cheusi v United Republic of Tanzania (26 June 2020) 4 AfCLR 219
  • Alex Thomas v United Republic of Tanzania (20 November 2015) 1 AfCLR 465
  • Kennedy Owino Onyachi and Charles John Mwanini Njoka v United Republic of Tanzania (28 September 2017) 2 AfCLR 65
  • Jebra Kambole v United Republic of Tanzania (15 July 2020) 4 AfCLR 460
  • Augustine Lyatonga Mrema v Attorney General [1996] TLR 273
  • Peter Joseph Chacha v United Republic of Tanzania (28 March 2014) 1 AfCLR 398
  • Lohe Issa Konate v Burkina Faso (5 December 2014) 1 AfCLR 314
  • Houngue Eric Noudehouenou v. Benin
  • Bernard Mornah and others v. Benin
  • Reverend Christopher Mtikila v. Tanzania
  • Parrillo v Italy [2015] ECHR 46470/11
  • Armand Guehi v United Republic of Tanzania (2018) 2 AfCLR 477
  • Ally Rajabu and others v United Republic of Tanzania (28 November 2019) 3 AfCLR 539

Full judgment

↓ Download PDF

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

Shaibu and Others v United Republic of Tanzania (Application No. 046-2020) [2026] AfCHPR 4 (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.