Arusha. The African Court on Human and Peoples’ Rights (AfCHPR) has identified a constitutional gap in Tanzania that prevents challenges to presidential election results.
The court has therefore ruled that the provision restricting courts from questioning the declaration of a presidential winner violates fundamental human rights.
In a judgment delivered on Friday, March 6, 2026, in the case of Ado Shaibu and Others versus the Tanzania government, the Court held that Article 41(7) of the 1977 Constitution of Tanzania, which bars courts from reviewing the election of a presidential candidate declared by the electoral commission, violates the right to a fair hearing.
The case, registered as Application Number 046/2020, was filed by six members of the opposition party ACT-Wazalendo: Ado Shaibu, Ezekiah Dibogo Wenje, Omar Musa Makame, Dorah Seronga Wangwe, Enock Wegesa Suguta, and Kassim Ali Haji.
The applicants argued that their civil and political rights were violated before, during, and after Tanzania’s 2020 general election.
Violation of the right to a fair hearing
The court found that Article 41(7) of the Tanzanian Constitution contravenes Article 7(1) of the African Charter on Human and Peoples’ Rights, which guarantees the right to a fair hearing, and Article 1 of the Charter that obliges state parties to uphold and protect these rights.
According to the court, by preventing courts from examining or receiving petitions challenging the outcome of a presidential election, the constitutional provision effectively denies citizens the legal opportunity to seek justice.
As a result, the court ordered Tanzania to take all necessary constitutional and legislative measures within one year to amend Article 41(7) and ensure that it complies with the human rights standards set out in the African Charter. The Court also ruled that each party would bear its own legal costs.
The applicants were jointly represented by human rights lawyers Mohamed Salim, Ally Muyenga, and Donald Deya.
On the side of the Tanzanian government, the government side, the case is defended by Solicitor General, Dr Ally Possi, assisted by his deputy, Ms Sarah Duncan Mwaipopo, and the Director of Human Rights at the Ministry of Constitution and Legal Affairs, Ms Nkasori Sarakikya.
Earlier in the proceedings, government lawyers urged the court to dismiss the case, arguing that the applicants had not exhausted domestic remedies and that the court lacked jurisdiction to hear the matter.
However, the court rejected the objection, affirming that it has the authority to hear applications alleging violations of human rights protected under treaties ratified by Tanzania.
The court also confirmed that it had personal, temporal, and territorial jurisdiction over the matter, despite Tanzania’s withdrawal in 2019 of the declaration under Article 34(6) that allowed individuals and organisations to file cases directly before the court.
The applicants had initially submitted 12 allegations to the court, including claims of arbitrary arrests of opposition candidates, suspension of their campaign activities, and the disqualification of parliamentary and local government candidates.
They also challenged the appointment of a ruling party’s cadre as Director of the National Electoral Commission, arguing that it undermined the independence of the electoral body.
Additional claims involved legal barriers preventing challenges to presidential election results, alleged violence against opposition candidates and their supporters, vote-buying, and ballot stuffing.
The applicants further alleged irregular vote counting, the closure of some independent media outlets, and restrictions on communication services and social media during the election period.
According to the applicants, these incidents collectively undermined the integrity, transparency, and credibility of the entire electoral process.
Based on these claims, they asked the court to declare that Tanzania had violated its obligations under several regional and international human rights instruments, including the African Charter on Human and Peoples’ Rights, the International Covenant on Civil and Political Rights, and the Protocol to the African Charter on the Rights of Women in Africa.
They also requested the court to confirm violations of rights related to participation in elections, equality, dignity, and civic participation, and to order Tanzania to hold those responsible accountable while implementing constitutional, legal, and administrative reforms.
In addition, the applicants sought compensation and reimbursement of legal costs.
Reaction from the applicants’ lawyer
Speaking after the ruling, lawyer Mohamed Salim Ally Muyenga said the applicants welcomed the judgment, although they had hoped it would come earlier.
“We expected the ruling to be delivered before the recent elections, but we will not step back,” he said.
He added that the applicants would consult with their colleagues on how to pursue the remaining claims through domestic courts, emphasising that the struggle was ultimately about safeguarding justice for future generations.
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