Because of its unique union, Tanzania has two electoral commissions; one for the Union which caters for the union presidential elections and members of parliament and councilors who serve in the Mainland, and another for Zanzibar which takes care of the union presidential elections, Zanzibar presidential elections and members of parliament and councilors who serve in the isles. Article 74 (1) of the Constitution of the United Republic of Tanzania, 1977 as amended (URT Constitution) provides for the establishment of the Electoral Commission of the United Republic of Tanzania while Section 119 (13) of Constitution of Zanzibar provides for the establishment of the Zanzibar Electoral Commission. It is however interesting to note that the constitutions bar courts from inquiring into anything done by the Electoral Commission in the discharge of its functions in accordance with the provisions of those constitutions.

The Applicants being supported by CSL, filed an application against the Respondent challenging the provision of Article 74(1) and 74 (12) of the Constitution of United Republic of Tanzania and Section 119(13) of the Constitution of Zanzibar violate the provisions of the African Charter on Human and People’s Rights (the Charter), the Universal Declaration on Human Rights (UDHR) the International Covenant on Civil and Political Rights (ICCPR), and the Constitution of the United Republic of Tanzania, which provides for the protection of fundamental human rights, equal protection of the law without discrimination and right to be heard.

It occurs that there was a matter of similar nature that had been filed before the Court and the Court therefore ordered the two matters be consolidated. Having complied with the order, parties now await other necessary orders from the court.