Constitution provides for personal immunity to the Head of State, in his official capacity, however, the president, as well as other officers of the government must be accountable for their decision, the amendment made under the Basic Right and Duties Enforcement Act by the Written Laws (Miscellaneous Amendments) Act, No. 03 of 2020, that whenever redress is sought against the President, Vice President, Prime Minister, the Speaker and Deputy Speaker of National Assembly and the Chief Justice such petition shall only be brought against the Attorney General, executing a decision against the government officials mention above can be a process in its own since they are not a party to the case.

This Blanket immunity is inconsistent with the rule of law and good governance envisaged in the Treaty and Constitution of Tanzania. The very nature of a public office is rooted in the accountability of the individual occupying it, whereby the public’s power is entrusted to one, there is an important fiduciary principle that those entrusted with public power are accountable to the public for the exercise of the trust.  

Center for Strategic Litigation, together with other like-minded organizations, approached the East African Court of Justice challenging the provisions of law for contravening the provisions of Articles 6 (d), 7(2) and 8 (1) (c) of the East African Community Treaty.

The matter is still pending before the East African Court of Justice awaiting scheduling conference.