This is an application to challenge the provision of Article 5 (2)(c) of the Constitution of the United Republic to Tanzania, 1977 as amended (URT Constitution) which denies citizens who have been convicted of certain criminal offences to exercise their fundamental human right to vote.  The application also seeks to challenge failure by the Government of the United Republic of Tanzania to prohibit detainees (accused), prisoners and people in the diaspora from exercising the right to vote by not providing facilities and regulations on how they will be registered, obtain voter registration cards and exercise their right vote in an actual election.

It is argued that the provisions of Article 5(2)(c) URT Constitution and the Tanzanian government’s failure to act in the manner illustrated above, violates several rights including the right to nondiscrimination, right to vote and make decisions, equality before the law, equal protection under the law and also the Tanzanian government’s duty to protect human rights contrary to the provisions of Articles 1, 2, 3, 13(1) of the African Charter on Human and People’s Rights, Articles 2, 7, 21(1) of  Universal Declaration of Human Rights, and Articles 2 (1), 2(2) 25(a) and (b) of International Convention on Civil and Political Rights.

This being a strategic matter, Center for Strategic Litigation (CSL) has supported the second applicant (Mr. Liberatus Mwangombe) to meet legal costs associated with the filing and prosecution of the application before the African Court of Human and Peoples’ Rights. The matter is still pending before the Court awaiting necessary orders.