Prisca Chogero vs The Attorney General: Landmark Judgement Delivered on 18th December 2023

Resident permits are mandatory documents validating the stay of any foreigner in Tanzania for investment, business, employment, or any other legal course. Section 37 of the Immigration Act, Cap. 54 R.E. 2016, gave the Minister responsible for matters relating to immigration the power to decide on disputes arising from permit applications and that his decision would be final and not be challenged in courts of law. Implying that decisions on disputes of such nature will not be questioned in a court of law, ousting the power of the courts.

In 2022, LHRC filed a constitutional petition challenging Section 37 of the Immigration Act, Cap. 54 R.E. 2016, for its limits on the powers of courts in determining issues emanating from permit applications as the only authority with the final decision in dispensing justice in the country.

As a result, this provision was declared unconstitutional for contravening Article 107A(1) of the Constitution of the United Republic of Tanzania.

Benefits of the outcome of the case:

1. Access to justice is a fundamental right in any country that respects Human Rights
2. The right to be heard plays an important role, as embedded in the principles of natural justice.
3. Independence of the judiciary in dispensing justice without interference of other arms of the State
4. The protection of the rights of the citizens of Tanzania seeking capital and job opportunities as these permits are primarily linked with investment and business transactions.
5. The possibility of Tanzania growing its national wealth through stability in laws that protect investors.This was the unwavering work of LHRC that has continued for many decades in advocating for constitutional reforms that will bring about new order in the country. The Attorney General was ordered to make the necessary changes within 12 months of the date of the said decision.

Download below the case to read.