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Applicants have Observer Status before the Commission therefore the
Court has jurisdiction ratione personae.
87. Apart from the point of the temporal jurisdiction of the Court dealt
with above which was raised by the Respondent, no other point
challenging the jurisdiction of the Court was raised; there is no issue
which deprives the Court of its jurisdiction. It therefore has jurisdiction to
hear the matter.
88.
As the applications are admissible, and the Court has jurisdiction,
the Court proceeds to consider the merits of the case which, as said
earlier, were argued together with the Respondent’s preliminary
objections.
The Merits of the Case
89.
89.1
The Applicants’ Case On The Merits.
The case and arguments of the 1st Applicants and the 2nd
Applicant on the merits are substantially the same; therefore, they will be
dealt with together, except where it is necessary to make a distinction.
89.2
The gist of the Applicants’ case, set out earlier in more details, is
that the Eleventh Constitutional Amendment passed by the Tanzanian
National Assembly on 2 December 1994 and assented to by the
President
of the United Republic of Tanzania on 17 January 1995,
violates rights under Articles 2, 10 and 13(1) of the Charter , which
articles are referred to later in detail, inasmuch as it bars independent