Gavel
A continental court on human rights has reopened a legal dispute filed by a Tanzanian activist and a lobby group four years ago seeking to enforce political participation rights of the country's diaspora community and prisoners.
The African Court on Human and People's Rights reopened the case for a fresh hearing and determination following a request by the United Republic of Tanzania, which sought to be allowed to put in its defence. The country explained that failure to file its pleadings within the stipulated timeline of 90 days was not deliberate.
The case, which concerns electoral reforms, was filed in November 2020 by the rights group Legal & Human Rights Centre together with activist Mr Liberatus Mwang'ombe.
"The court notes that the present application involves alleged violations of political participation and elections. It is therefore in the interest of justice to permit the Respondent State to file its defence," said Judge Modibo Sacko, President of the court, in the ruling.
Diaspora and prisoner voting rights
He stated that the reopening is aimed at ensuring proper administration of justice, as he stressed that no additional time will be granted to Tanzania, considering that pleadings had been closed since February 9, 2022. The general elections in Tanzania are due to be held in October 2025.
Tanzania said the delay in submitting its defence was caused by various reasons, including the process of obtaining information on the procedures and mechanisms that have been put in place by the Ministry of Foreign Affairs and East African Cooperation and the National Elections Commission to enable people in the diaspora to vote.
The petition touches on the country's election laws and the Constitution, which restrict three categories of citizens from registering and voting in the Presidential and National Assembly elections.
According to the applicants, the restrictions are against citizens sentenced to imprisonment exceeding six months, those sentenced to death and the citizens living in the diaspora.
They believe the restrictions contravene the African Charter on Human and People’s Rights.
"These laws deny hundreds of citizens of the United Republic of Tanzania from exercising the right to be registered and to vote for a number of years, and they continue to suffer due to the denial of the said right without any legal or human rights justification," they argue in the petition.
Lawyer Jebra Kambole, a national of Tanzania, from the law firm Law Guards Advocates, argue that it is discriminatory to bar the three categories of citizens from exercising their right to vote or to participate in the decision-making process.
The applicants further contend that the citizens in the diaspora are not provided with facilities and regulations on how to be registered, and how to access voter cards and are not sensitised on the procedures of participation in the actual election process.
Why a continental court?
Regarding why they filed the case at the continental court instead of invoking the local justice system, the applicants explained that the contested actions could not be challenged within the Tanzanian legal system. This is because the country's Constitution under Article 74(12) prohibits any person from challenging the actions of the National Election Commission (NEC), they state.
Upon filing of the case and Tanzania Attorney General being furnished with the documents on December 7, 2020, the country was expected to file it within 90 days and was also granted 30 days to submit the list of its representatives.
However, after the closure of the pleadings on February 9, 2022, the court received a request dated May 9, 2025, from Tanzania asking for the reopening of the pleadings and extension of time to file defence documents.
The court was informed that Tanzania required more time to enable it to verify information from different institutions of government, such as obtaining the accurate number of prisoners who are eligible to be registered and to vote in the general elections from the Prison Services.
It also needed time to obtain the accurate number of its citizens living in the diaspora, who are eligible to be registered as voters in the general elections from the Ministry of Foreign Affairs and East African Cooperation.
The process also involved coordinating the process of elections in relation to the demarcation of the provinces in Tanzania as far as the Tanzanians who are detainees, prisoners and the diaspora are concerned.
Additionally, obtaining the Hansard and Parliamentary proceedings in respect of the amendments made to the Constitution through Act No.15 of 1984 and Act No.3 of 2000.
Tanzania submitted to the jurisdiction of the court even though it withdrew its declaration allowing individuals and organisations to access the court in November 2019.
Petitioners' demands
In the ruling dated May 20, 2025, the court held that this withdrawal had no bearing on the pending and new cases filed before the withdrawal came into effect, that is, one year after its deposit.
The petitioners are seeking orders compelling the government of Tanzania to immediately register prisoners and the diaspora community as voters to facilitate their voting in subsequent elections.
"The omission and exclusion of these Tanzanians from the voting process is an abuse and failure by the Respondent to perform its duties, amounts to segregation or discrimination, hence illegal. Each of the prisons be declared registration polling centres and the Respondent State deploy its officials as returning officers in prisons for the subsequent local elections and referenda, or any subsequent election including the 2025 National Election," they plead.
Also sought is an order for setting up of more polling centres over and above embassies and consulates, and deployment of electoral officials as returning officers or collaboration with host electoral bodies to provide similar services.
