African Court on Human and Peoples’​ Rights to deliver verdict on violations committed by Tanzania in connection with the 2020 elections tomorrow

By Chidi Odinkalu

Tomorrow, from its seat in Arusha, Tanzania, the African Court on Human and Peoples’​ Rights will issue judgment in 2 cases (Ado Shaibu et al v. Tanzania; & Abdul Omary Nondo, Deus Rweyemamu & Paul Kaunda vs Tanzania) in which Tanzanian citizens – including opposition political party leaders, candidates & voters – provided evidence that the Govt of Tanzania engaged in numerous acts in the context of the 2020 general elections that violated their basic civil and political rights.

The Court will begin reading decisions at 10 a.m. EAT (08:00 GMT). These two cases against Tanzania are listed as 9th and 10th on the docket. The reading of the decisions will be livestreamed and can be followed here: https://lnkd.in/e9JiKZxT.

In the Shaibu case, the applicants ask the Court to address the totality of violations committed by Tanzania in connection with the 2020 elections – including:

detention of candidates without cause;
* Arbitrary suspension of the campaigns of leading opposition candidates;

• Arbitrary disqualification of numerous candidates for parliament and district councils;
  
• Appointment of a ruling party cadre to serve as director of the National Election Commission;
  
• Barring the courts from considering challenges to the presidential election after the Electoral Commission had declared a winner;
  
• Violence directed at opposition candidates and their supporters, with particular violations of dignity committed against women candidates;
  
• Vote-buying, vote harvesting from un-gazetted polling stations;
  ballot-stuffing;
  
• Irregular counting of votes; revocation of the licence of publications and suspension of radio and TV stations that were independent or did not promote the positions of the ruling party; and throttling and suspension of telecommunication services, including cellular and internet services and social media platforms.
  
  Donald Deya, Ibrahima Kane & I are counsel in that case.
  
  In the Nondo, Rweyemamu & Kaunda case, applicants challenge provisions of the constitutions of the United Republic of Tanzania and of Zanzibar that grant the National and Zanzibari electoral commissions arbitrary powers that are unreviewable by any court and that fail to ensure any degree of independence from the President of Tanzania.
  
  Tomorrow’s judgments are of utmost importance given that Tanzania is due to hold general elections in less than four months, in late October.
  
  The judgments are expected to state what the Government of Tanzania must do, and by when, to comply with African and international law.
  
  Tanzania’s October elections are widely viewed – by international and national experts alike – as being among the most consequential of the nearly two dozen elections that have been or will be held in Africa in 2025-2026.