Decisions
(Appeal Division)
Mbowe and Others v. Attorney General of the United Republic of Tanzania
(First Instance Division)
Reference
Appeal No. of 2022, East African Court of Justice (Appellate Division)
Country
Tanzania
Database
Civic Space
Date of ruling
June 6, 2023
Crimes/ violations
Freedom of Association
Parties involved
Freeman Mbowe, Zitto Z. Kabwe, Hashimu Rungwe, Salum Mwalimu and Legal and Human Rights Center v. The Attorney General of the United Republic of Tanzania
Summary of Ruling
Legal issue
Whether the amendments of Political Parties Act amount to unjustifiable restrictions of democracy, good governance, and freedom of association?
The amendments, among other things, gave the Registrar of Political Parties the mandate to monitor intra party election and nomination process, and provided for penalties where a party leader of a political party had failed to give the Registrar any information demanded by the Registrar.
Ruling
The EACJ Appellate Division upheld the decision of the Trial Court by declaring the impugned provisions unjustified restrictions to the freedom of association, which violated the Treaty for the Establishment of East African Community. The Court directed the Government of Tanzania to take such measures as necessary to bring the said legislation in conformity with the Treaty
Reasoning of the Court
The Appellate Division considered that the Trial Court did not err in its application of the three-tier test used to determine whether a national law violates the fundamental freedoms of the Treaty.
Summary of facts
The Respondents challenged provisions of Tanzania’s Political Parties (Amendment) Act No. 1 of 2019 before the East African Court of Justice (EACJ) First Instance Division. The Respondents argued these provisions violated the right to freedom of association.
Summary of the proceedings
The Respondents to this Appeal lodged the application before the EACJ First Instance Division against the Appellant to challenge a number of provisions of the Political Parties (Amendment) Act No. 1 of 2019 which amended the Principal Act—the Political Parties Act for violating among other things, the right to freedom of association. On 25th March 2022 the EACJ First Instance Division issued the judgment declaring the provisions of the Political Parties (Amendment) Act, No.1 of 2019, unjustified restrictions on the freedom of association, and the people’s rights to participate in public affairs. Aggrieved by the judgment the Attorney General of the United Republic of Tanzania appealed at the Appellate Division of the Court.
Key jurisprudential elements
The Appellate Division confirmed the use of the three-tier test to determine whether a piece of legislation violated the principles of the Treaty for the Establishment of the East African Community.