Tanzania

Apex courts in two African countries try to avoid ‘absurd results’ in labour matters

Time limits on filing appeals and reviews can bring litigation to an abrupt end when they are not observed. But what is a court to do if it is not clear when the time limits actually start. The apex courts of two African jurisdictions have found themselves dealing with exactly this question – when do the days of a time limit begin to run? And the question was made even more complicated because the high courts in both countries had produced two contradictory positions from which the apex courts had to choose.

Read Eswatini Supreme Court judgment

Read Tanzania Court of Appeal judgment

 

By a strange coincidence, the highest courts of Tanzania and Eswatini have found themselves delivering judgment on a virtually identical problem within three days of each other.

Tanzania must overhaul its oppressive media law after court scraps appeal

The Tanzanian government has suffered yet another blow to its efforts at curbing free expression: it has lost its appeal against a declaration of invalidity of key elements of a law that had given it wide-ranging powers to stifle the media. Earlier this week, the appellate tribunal of the East African Court of Justice dismissed the government’s attempts to appeal, saying the appeal had not been filed within the time limits set by the court.  

Read judgment of the appeal court

Read judgment of the trial court

 

Regional court upholds freedom of expression, media freedom

The Tanzanian government, seen as oppressive in its attitude to a number of democratic freedoms including freedom of expression and free media, has lost a significant battle at the East African Court of Justice. The EACJ, which resolves disputes involving the East African Community and its member states, was approached by the newspaper, Mseto, after the Tanzanian government suspended it from all operations for three years. First, the EACJ trial court held that the suspension was unlawful.

Read judgment from the East African Court of Justice, trial court 

Read judgment from the East African Court of Justice, appeal court

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