Mtikila v Tanzania, formally Reverend Christopher R Mtikila v United Republic of Tanzania, was a 2013 judgment of the African Court on Human and Peoples' Rights holding that Tanzania's constitutional requirement that candidates for president, parliament and local government run only as members of a registered political party, with no provision for independent candidates, violated the rights to freedom of association and political participation guaranteed by the African Charter on Human and Peoples' Rights. It was among the African Court's earliest judgments on the merits and its first addressing electoral rights.
Facts
Decision Year Decision Date HoldingTanzania's ban on independent candidates violated Article 10 (free association) and Article 13(1) (right to participate freely in government) of the African Charter. 1 Partially Attested
Current StatusJudgment delivered; Tanzania maintained that the judgment was wrong and had not reported measures to comply. 1 Judgment delivered and reparations followed, but Tanzania disputed the judgment and had not reported on compliance at the time of the source. Connections
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Sources
1. A Watershed Case for African Human Rights: Mtikila and others v. Tanzania (OHRH)
Judgment paragraph, year
On 14 June 2013 the Court delivered the Judgement
Judgment paragraph, date
On 14 June 2013 the Court delivered the Judgement
Holding paragraph, Articles 10 and 13(1)
the Court...unanimously found that Tanzania's ban on independent candidates had violated Mtikila's Article 10 (free association) and Article 13(1) (right to participate freely in government) Charter rights
Introduction
The Court also noted that Tanzania continued to maintain that the Judgement was wrong. The Court expressed its "concern" at this position, especially since it was compounded by Tanzania's failure to report to the Court on the measures it is taking to comply with the Judgement.
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