THE LAW AND PROCEDURE ON LITIGATION OF HUMAN RIGHTS IN TANZANIA

AN APPRAISAL OF THE NEW RULES OF PROCEDURE

Abstract

On 26th May 2014, the Tanzania Chief Justice, adopted the Basic Rights and Duties Enforcement (Practice and Procedure) Rules to advance and realize the basic rights and duties contained in the Constitution. The new Rules have brought about a number of important elements in the practice of human litigation in Tanzania, including elaborating the necessary stages in litigating human rights in court (both in the High Court and the subordinate courts), which is missing in the Basic Rights and Duties Enforcement Act. The Rules have also set out timeframes within which litigants they can undertake certain steps in pursuing their rights in courts; and have introduced a mandatory requirement for the parties to submit written submissions before hearing commences as well as the basic contents of such submissions. However, the Rules have also come out with a number of legally challenging aspects, including clothing District Courts and Courts of Resident Magistrates with jurisdiction to entertain human rights cases on referral from Primary Courts, contrary to Article 30(3) of the Constitution that vests exclusive jurisdiction on the High Court. Therefore, this article examines the progressive elements and challenges brought about by the new Rules in the procedure and practice relating to human rights in Tanzanian courts.