TLS and Others v Tanzania (merits) (2013) 1 AfCLR 34
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(d) Any other remedy and/or relief that the Honourable Court will deem fit
to grant; and
(e) The Respondent to pay the Applicants’ costs.”
77. The 2nd Applicant prays the following remedies:
“(a) That the Court make a finding that the United Republic of Tanzania has
violated and continues to violate his rights,
(b) That the United Republic of Tanzania ought to provide appropriate
compensation to him for the continuous violation of his rights that
forced him to endure long and costly judicial proceedings.
(c) That he reserves the right to substantiate the legal analysis for claiming
compensation and reparations.”
C.
Nature of the Applicants’ case
78. The 1st and 2nd Applicants have substantially the same case. They
challenge the validity of the amendments, referred to earlier, to the
Constitution of the United Republic of Tanzania, the effect of which is,
briefly stated, to bar independent candidates to stand for the
Presidential, Parliamentary and Local Government elections; the
amendments require that candidates have to belong to or be sponsored
by a registered political party. The Applicants contend that the
prohibition of independent candidature violates an aspirant’s rights to
participate in public affairs in their country, which rights are protected
under various international human rights instruments.
D.
Respondent’s preliminary objections
79. The Respondent raises certain preliminary objections on both
admissibility and jurisdiction.
80. The preliminary objections on admissibility:
80.1 Lack of exhaustion of local remedies
Article 6(2) of the Protocol, read together with Article 56(5) of the
Charter, requires that for an Application to this Court to be admissible,
an Applicant must have exhausted local remedies. Article 6(2) of the
Protocol reads: “The Court shall rule on the admissibility of cases taking
into account the provisions of Article 56 of the Charter.” In its turn,
Article 56(5) of the Charter requires that Applications shall be
considered if they “are sent after exhausting local remedies, if any
unless it is obvious that this procedure is unduly prolonged”. The
Respondent contends that the Applicants have not done so. This is
because, according to the Respondent, the judgment of the Court of
Appeal stated that the issue relating to the prohibition of independent
candidates had to be settled by Parliament. Respondent also argues
that the Government has prepared and tabled the Constitutional
Review Bill dated 11 March 2011, with a view to setting up a
mechanism for the constitutional review process. At the time of the
Applications the bill was awaiting its second and third reading, before
being enacted into law. Respondent argued that the Appellate
judgment of 17 June 2010, did not substantively deal with the issue of
independent candidates; the matter was left to Parliament and this
avenue has not yet been exploited. Respondent adds that Parliament