EACJ Delivers Landmark Judgment Strengthening Access to Justice in Tanzania

On 1st April 2026, the East African Court of Justice (EACJ) delivered a landmark and far-reaching judgment that significantly advances the protection of access to justice, public interest litigation, and the rule of law in the United Republic of Tanzania and across the East African region. This historic decision marks an important moment in the ongoing efforts to safeguard fundamental rights and uphold democratic governance.

The case was jointly instituted by the Legal and Human Rights Centre (LHRC), Pan-African Lawyers Union (PALU), Tanzania Human Rights Defenders Coalition (THRDC), Centre for Strategic Litigation (CSL), and the Tanganyika Law Society (TLS). The Applicants challenged several provisions of the Written Laws (Miscellaneous Amendments) Act No. 3 of 2020, arguing that they were inconsistent with the Treaty for the Establishment of the East African Community (EAC Treaty) and undermined core principles such as equality before the law, accountability, and transparency.

Central to the dispute were amendments to the Basic Rights and Duties Enforcement Act (BRADEA), which restricted the ability to file public interest litigation to only those individuals who are directly affected. The Applicants contended that such limitations unjustifiably narrow the avenues through which citizens and organizations can seek justice, thereby weakening an essential mechanism for holding power to account and protecting the broader public interest. Additional provisions were also challenged for expanding immunities for public officials, limiting legal actions against high-ranking state authorities, and granting extensive powers to the Attorney General without sufficient oversight.

In its judgment, the EACJ firmly affirmed its jurisdiction to adjudicate matters involving human rights where violations are framed within the context of the EAC Treaty. The Court found that the amendments to Sections 4(2) and 4(3) of the Basic Rights and Duties Enforcement Act were inconsistent with the Treaty. It held that these provisions were disproportionate and had the effect of undermining equality before the law while significantly restricting access to justice through public interest litigation.

While upholding certain other provisions of the impugned law as legitimate and proportionate, the Court expressed serious concern regarding the manner in which the legislation was enacted. It noted that the use of a Certificate of Urgency to fast-track the law was not justified, as the State failed to demonstrate the existence of a genuine emergency. This, the Court found, was inconsistent with the principles of transparency, accountability, and good governance enshrined in the EAC Treaty.

The Court consequently declared the impugned provisions inconsistent with the Treaty and ordered the Government of the United Republic of Tanzania to amend or repeal them within six months. Each party was ordered to bear its own costs. This judgment is consistent with an earlier decision of the Court of Appeal of Tanzania, which similarly found key provisions of the amended law unconstitutional. Taken together, these decisions reinforce the imperative of protecting constitutional rights and ensuring that legal frameworks remain accessible, fair, and responsive to the needs of the public.

This ruling stands as a powerful reaffirmation of public interest litigation as a cornerstone of justice, particularly for vulnerable and marginalized groups who may otherwise be unable to access the courts. It underscores the enduring importance of constitutionalism, the rule of law, and accountability in fostering a just and democratic society.

The undersigned organizations warmly welcome this landmark decision and commend the Court for its firm commitment to upholding the fundamental values of the EAC Treaty. The judgment sends a clear and timely message on the necessity of preserving civic space and ensuring that laws do not curtail the rights and freedoms of the people.

We call upon the Government of the United Republic of Tanzania to fully comply with the Court’s orders within the stipulated timeframe and to ensure that all future legislative processes are guided by the principles of inclusiveness, transparency, and respect for the rule of law.

For full details and a comprehensive understanding of the judgment, please download the document below.