Constitution of the United Republic of Tanzania 1977, as amended to 2005
Judicial Protection
  • English

    (3) The civic rights, duties and interests of every person and community shall be protected and determined by the courts of law or other state agencies established by or under the law.

    (6) To ensure equality before the law, the state authority shall make procedures which are appropriate or which take into account the following principles, namely:(a) when the rights and duties of any person are being determined by the court or any other agency, that person shall be entitled to a fair hearing and to the right of appeal or other legal remedy against the decision of the court or of the other agency concerned;
    ... (Art. 13)
Judicial Protection
  • English
    ...
    (3) Any person claiming that any provision in this Part of this Chapter3 or in any law concerning his right or duty owed to him has been, is being or is likely to be violated by any person anywhere in the United Republic, may institute proceedings for redress in the High Court.
    (4) Subject to the other provisions of this Constitution, the High Court shall have original jurisdiction to hear and determine any matter brought before it pursuant to this Article; and the state authority may enact legislation for the purposes of -
    (a) regulating procedure for instituting proceedings pursuant to this Article;
    (b) specifying the powers of the High Court in relation to the hearing of proceedings instituted pursuant to this Article; and
    (c) ensuring the effective exercise of the powers of the High Court, the preservation and enforcement of the rights, freedoms and duties in accordance with this Constitution.
    (5) Where in any proceedings it is alleged that any law enacted or any action taken by the Government or any other authority abrogates or abridges any of the basic rights, freedoms and duties set out in Articles 12 to 29 of this Constitution, and the High Court is satisfied that the law or action concerned, to the extent that it conflicts with this Constitution, is void, or is inconsistent with this Constitution, then the High Court, if it deems fit, or if the circumstances or public interest so requires, instead of declaring that such law or action is void, shall have power to decide to afford the Government or other authority concerned an opportunity to rectify the defect found in the law or action concerned within such a period and in such manner as the High Court shall determine, and such law or action shall be deemed to be valid until such time the defect is rectified or the period determined by the High Court lapses, whichever is the earlier. (Art. 30)
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Part III on Basic Rights and Duties.
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Part III on Basic Rights and Duties.
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Part III on Basic Rights and Duties.