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PostHeaderIcon Public hearing in the matter of Peter J. Chacha v. United Republic of Tanzania

Arusha, 13 November 2013: The African Court on Human and Peoples’ Rights will hold a public hearing at its seat in Arusha (Tanzania), from 02 to 04 December 2013, in respect of Application 003/2012 - Peter Joseph Chacha v. The United Republic of Tanzania.

The Applicant, Mr Peter Joseph Chacha, alleges that he was unlawfully arrested, detained, charged and imprisoned contrary to Sections 13(1) (a) and (b) and 13 (3) (a), (b) and (c) of the Criminal Procedure Act (CPA), Chapter 20 of the Laws of The United Republic of Tanzania. According to the Applicant, his alleged unlawful arrest, detention and imprisonment in relation to a criminal case has violated his right under Article 15 (1) and (2) (a) of the Constitution of The United Republic Tanzania. In addition, the Applicant alleges that the police unlawfully seized his property which is a violation of his right to own and protect property. The Applicant states that he has followed up severally with Government agencies and has even filed a case which is yet to be heard.

The Respondent, the Government of the United Republic of Tanzania, has raised a preliminary objection regarding the jurisdiction ratione materiae. The Respondent contends that the subject matter of the Application does not relate to the application and interpretation of the African Charter on Human and Peoples’ Rights, the Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights or any other relevant human rights instrument ratified by the United Republic of Tanzania as required by Article 3 (1) of the Protocol and Rule 26 of the Rules of Court. Rather, the application is based on the Constitution of Tanzania as well as national legislation, such as the Criminal Procedure Act (CPA) on which the Court cannot adjudicate. The Respondent also refutes the merits of the application concerning violation of the right to personal freedom and to property since Mr Peter Joseph Chacha was arrested and charged with armed robbery and murder, and his property was legally searched and seized in accordance with Section 38 of the CPA pending the finalization of the criminal cases against him.

In his application, Peter Joseph Chacha asks for his release and requests that his property be restored and he be adequately compensated for the alleged damage and loss he has suffered, and other reparation deemed fit. The Respondent wants the Court to strike out the Application .

Peter Joseph Chacha has been in detention at the Arusha Central Prison since 2007. On 30 September 2012, the Applicant filed his Application before the Court against the Attorney General and the Minister of Home Affairs of the United Republic of Tanzania on 30 September 2012.

The Applicant is represented by The Pan African Lawyers’ Union while the Respondent is represented by Counsels from the Attorney General’s Chambers and the Ministry of Foreign Affairs and International Cooperation.

Members of the public and the media are invited to attend the public hearing at the Court’s premises (Kibo Hall), located in the Phase II, Mwalimu Julius Nyerere Conservation Centre (next to TANAPA Office), Dodoma Road, from 02 to 04 December 2013. They can also follow the proceedings live online at www.livestream/afchpr

The hearing will commence at 10.00 AM (local time) and members of the public are invited to be seated by 9:30 AM.

NB: Due to unpredictable circumstances there is no a French version of this information, but once one is available, it will soon be updated on the website, we apologize for any inconvenience.

 

PostHeaderIcon Postponement of the public hearing in respect of Application 003/2012 - Peter Joseph Chacha v The United Republic of Tanzania

Due to unforeseen circumstances, the African Court on Human and Peoples’ Rights has postponed the Public Hearing in respect of Application 003/2012 - Peter Joseph Chacha v. The United Republic of Tanzania which was scheduled on 25, 26 and 27 September 2013.

A new date of the hearing of the Case will be announced in due course.

The Registry of the Court regrets whatever inconvenience this postponement may cause

 

PostHeaderIcon The 30th Ordinary Session of the African Court opens in Arusha

The African Court on Human and Peoples' Rights opened its 30th Ordinary Session on 16 September at its seat in Arusha, Tanzania, at the Mwalimu Julius Nyerere Conservation Centre. The Session takes place for 2 weeks from 16 to 27 September 2013.

During the Session, the Court will hold a public hearing on 25 and 26 September in respect of Application No. 003/2012 Peter Joseph Chacha v. The United Republic of Tanzania.

The Applicant, Mr. Peter Joseph Chacha, alleges that he was unlawfully arrested, detained, charged and imprisoned contrary to Sections 13(1) (a) and (b) and 13 (3) (a), (b) and (c) of the Criminal Procedure Act (CPA), Chapter 20 of the Laws of The United Republic of Tanzania. According to the Applicant, his alleged unlawful arrest, detention, and imprisonment in relation to a criminal case has violated his right under Article 15 (1) and (2) (a) of the Constitution of the United Republic Tanzania.

In addition, the Applicant alleges that the police unlawfully seized his property which is a violation of his right to own and protect property.

 

PostHeaderIcon 29th Ordinary Session of African Court opens in Arusha

The African Court on Human and Peoples' Rights opened its 29th Ordinary Session at its Seat, at the Mwalimu Julius Nyerere Conservation Centre, Arusha, Tanzania. The session will take place from 3 to 21 June 2013.

In her welcome note, the President of the Court, Hon. Lady Justice Sophia Akuffo, drew attention of the Judges to the judicial mandate of the Court and the judgments to be delivered during this session. She specifically drew the attention of Honorable Judges to the rulings and judgments they have to deliver in the following cases:
i. Application 013/2011: Beneficiaries of the late Norbert Zongo - Abdoulaye Nikiema, Ernest Zongo, Blaise Ilboudo and Mouvement Burkinabé des Droits de l’Homme et des Peuples (MBDHP) v. Republic of Burkina Faso;
ii. Application 003/2011: Urban Mkandawire v. The Republic of Malawi; and
iii. Application 009/2011 and 011/2011: Tanganyika Law Society and the Legal and Human Rights Centre & Reverend Christopher Mtikila v.The United Republic of Tanzania

For further details of the Session, please visit the African Court website;http://www.african-court.org/en/

 

PostHeaderIcon African Court Cases & Judgments

Case No CASE JUDGMENT
001/2008 Yogogombaye v. Senegal

15 Dec 2009
Seperate Opinion

001/2011 Femi Falana v. The African Union
002/2011

Soufiane Ababou v. The Republic of Algeria

16 Jun 2011

003/2011

Urban Mkandawire v. The Republic of Malawi

 

004/2011

African Commission on Human and Peoples' Rights v. The Great Socialist People's Libyan Arab Jamahiriya

25 Mar 2011
16 Jun 2011
30 Mar 2012
30 Mar 2012

005/2011

Daniel Amare & Mulugeta Amare v. Mozambique Airline & Mozambique

16 Jun 2011

006/2011

Association Juristes d’Afrique pour la Bonne Gouvernance v. La Côte d’Ivoire

16 Jun 2011

007/2011

Youssef Ababou v. The Kingdom of Morocco

 

008/2011

Ekollo Moundi Alexandre v. Cameroon and Nigeria

23 Sep 2011
Dissenting Opinion

009/2011

Tanganyika Law Society & Legal and Human Rights Centre v. United Republic of Tanzania

22 Sep 2011

010/2011

Prof Efoua Mbozo’o Samuel v Pan African Parliament

30 Sep 2011

011/2011

Reverend Christopher R. Mutikila v. The United Republic of Tanzania

22 Sep 2011

012/2011

Convention Nationale des Syndicats du Secteur Education (CONASYSED) v Gabon

15 Dec 2011

013/2011

Beneficiaries of the Late Norbert Zongo -Abdoulaye Nikiema, Ernest Zongo, Blaise Ilboudo and Burkinabe Human and Peoples' Rights Movement v Republic of Burkina Faso

 

014/2011

Atabong Denis Atemnkeng v The African Union

15 Mar 2013

001/2012

Karata Ernest and others v Attorney General and United Republic of Tanzania

 

002/2012

Delta International Investments S.A., Mr and Mrs A.G.L. De Lange v Republic of South Africa

30 Mar 2012

003/2012

Peter Joseph Chacha v United Republic of Tanzania

 

004/2012

Emmanuel Joseph Uko and Others v Republic of South Africa

30 Mar 2012

005/2012

Amir Adam Timan v Republic of Sudan

30 Mar 2012

006/2012

African Commission v The Republic of Kenya

15 March 2013

007/2012

Baghdadi Ali Mahmoudi v The Republic of Tunisia

26 Jun 2012

001/2013

Ernest Francis Mtingwi v The Republic of Malawi

 

002/2013

The African Commission on Human and Peoples' Rights v Libya

15 Mar 2013
Seperate Opinion

Last Updated (Wednesday, 01 May 2013 12:13)

 

PostHeaderIcon African Court asked to rule on legality of SADC Tribunal's suspension

Johannesburg, 26 November 2012 - In a landmark legal request, the African Court on Human and People’s Rights has been asked to use its advisory powers to determine whether the suspension of the Southern African Development Community (SADC) Tribunal by the region’s leaders was legal or not.

The request for an advisory opinion was lodged by the Pan African Lawyers Union (PALU) and the Southern Africa Litigation Centre (SALC) at the Court in the Tanzanian city of Arusha on Friday, 23 November.

PALU and SALC maintain that the decisions taken by SADC Heads of State and Government to suspend the SADC Tribunal were unlawful since they violate judicial independence, access to justice, the right to effective remedies and the rule of law.

“A positive ruling from the African Court is one of the last remaining avenues to securing a revival of the SADC Tribunal and preserving the rule of law in southern Africa,” said Nicole Fritz, Executive Director of SALC. “Without the Tribunal, most of the region’s inhabitants – who cannot access credible domestic courts – have no real prospect of securing justice and redress.”

If the Court rules that the suspension was illegal, it will be a definitive legal determination of the lawfulness of the SADC Summit’s actions – a ruling that SADC will find difficult to ignore given that it is required to coordinate its policies and programmes with those of the African Union (AU).

“The Courts of the Regional Economic Communities (RECs), such as the SADC Tribunal, are crucial in guaranteeing cross-border and inter-regional business and trade investment, and just rule of law in which the rights of individuals, businesses, groups and Member States are equally protected,” said Don Deya, Chief Executive Officer of PALU. “Our request for an advisory opinion is part of an initiative by African civil society to realise independent, empowered, effective and efficient REC Courts all over the continent.”

In their request for an advisory opinion, PALU and SALC have asked the African Court to determine whether:
• The decision by the SADC Summit of Heads of State and Government to suspend the SADC Tribunal and not to reappoint or replace members of the Tribunal whose terms had expired is consistent with the African Charter, the SADC Treaty, the SADC Tribunal Protocol and general principles of the rule of law;
• The decisions of the SADC Summits of August 2010 and May 2011 violate the institutional independence of the Tribunal and the personal independence of its judges as provided for in the African Charter and the UN Principles on the Independence of the Judiciary;
• SADC’s 18 August 2012 decision violates the right of access to justice and effective remedies as guaranteed in the African Charter on Human and Peoples, the SADC Tribunal Protocol and the UN Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law; and,
• The decision making processes undertaken in the review of the SADC Tribunal jurisdiction are in compliance with the SADC Treaty.

The request for an advisory opinion has been supported by a number of other prominent regional civil society organisations, including the International Commission of Jurists (ICJ) and the SADC Lawyers Association (SADC LA).

“Regional civil society has waged a tireless advocacy campaign to save the SADC Tribunal but despite our best efforts to engage with member states and highlight their legal obligations, SADC leaders persisted in dismantling the Tribunal,” said Arnold Tsunga, Executive Director of the ICJ Africa Programme. “The African Court provides another chance to convince them to change their policies and resurrect the Tribunal for the good of all southern Africans.”

It is a view echoed by Kondwa Sakala Chibiya, President of the SADC LA. “Obviously we would have preferred SADC to have resolved this issue on its own and for us not to have been forced to approach the African Court,” she said. “But after SADC ignored the recommendations of the legal advisors it had appointed and its own ministers of justice and attorneys general, there was no other option.”

The SADC Tribunal has been defunct for more than two years after SADC leaders demanded a review of its powers and functions, following a series of cases in which it had ruled against the Zimbabwean government.

Despite a campaign spearheaded by legal bodies, civil society organisations and individuals such as Archbishop Emeritus Desmond Tutu, SADC’s leaders decided not to the revive the original Tribunal at their Summit in August 2012.

Instead, they opted to destroy it, resolving that a protocol for a new Tribunal would be negotiated and that the new Tribunal’s mandate would be limited only to adjudication of member states’ disputes. The new Tribunal – shorn of a human rights mandate and with all access by individuals, companies or organisations denied – will be little more than a shell.

For further information contact:
Donald Deya, CEO of PALU +255 787 066 888
Nicole Fritz, Executive Director, SALC – Tel: +27 82 600 1028; Email: This e-mail address is being protected from spambots. You need JavaScript enabled to view it
Arnold Tsunga, Executive Director of ICJ Africa Programme – Tel: +27 73 131 8411
Makanatsa Makonese, Executive Secretary of SADC LA – Tel: +27 72 571 4247

 
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