TLS and Others v Tanzania (merits) (2013) 1 AfCLR 34 49 still continuing as it pertains to constitutional and statutory provisions which are still in force. 92. They are also relying on Articles 3 and 25 of the International Covenant on Civil and Political Rights (ICCPR) and Article 21(1) of the Universal Declaration of Human Rights (UDHR). 93. In summary, they contend that the judgment of the Tanzanian Court of Appeal, Articles 39, 47, 67 and 77 of the Constitution of the United Republic of Tanzania 1977, and the Local Authorities (Election) Act No 7 of 2002, which collectively require that candidates for Presidential, Parliamentary and Local Government elections must be members of and be sponsored by a Political Party, constitute a violation of Articles 2, 10 and 13 of the Charter and Articles 3 and 25 of the ICCPR. 94. The Respondent, on its part, states that the decision on whether or not to introduce independent candidature in Tanzania is dependent on the social needs of the country, based on its historical reality. The Respondent argues that the issue of independent candidature is political and not legal. This argument is in line with the decision of the Tanzanian Court of Appeal. 95. The Respondent contends further that the restriction on independent candidature is a means for avoiding absolute and uncontrolled liberty, “whole and free from restraint which would lead to anarchy”. 96. The Respondent also points out that the 2nd Applicant has formed his own political party and, effectively, has not been prevented from participating in politics. 97. In considering this alleged violation of Article 13(1) of the Charter by the Respondent, it is necessary for the Court to consider critically the Article relied on. Article 13(1) of the Charter, which is the main provision on political participation, states that: “1. Every citizen shall have the right to participate freely in the government of his country, either directly or through freely chosen representatives in accordance with the provisions of the law.” 98. It is imperative to state here that the rights guaranteed under the Charter as stated in Article 13(1) are individual rights. They are not meant to be enjoyed only in association with some other individuals or group of individuals such as political parties. Therefore, in an Application such as the instant one, what is of paramount significance is whether or not an individual right has been placed into jeopardy, or otherwise violated, not whether or not groups may enjoy the particular right. 99. In view of the patently clear terms of Article 13(1) of the Charter, which gives to the citizen the option of participating in the governance of her country directly or through representatives, a requirement that a candidate must belong to a political party before she is enabled to participate in the governance of Tanzania surely derogates from the rights enshrined in Article 13(1) of the Charter. Although, the exercise of this right must be in accordance with the law. 100. The enjoyment of this right is also restricted by Article 27(2) of the Charter which provides that: “The rights and freedoms of each