Title: The independent candidate case by the African Court of Human and Peoples' Rights revisited

Authors: Alexander B. Makulilo

Addresses: Department of Political Science and Public Administration, University of Dar es Salaam, P.O. Box 35042, Dar es Salaam, Tanzania

Abstract: In June 2011, the Tanganyika Law Society, the Legal and Human Rights Centre and Rev. Christopher Mtikila filed in the African Court on Human and Peoples' Rights applications instituting proceedings against the government of the United Republic of Tanzania claiming that the government had, through certain amendments to its Constitution, violated its citizens' right of freedom of association, the right to participate in public affairs and the right against discrimination by prohibiting independent candidates to contest Presidential, Parliamentary and Local Government elections. In its judgment of 14 June 2013, the Court found that the government violated Articles 2, 3, 10 and 13 (1) of the African Charter on Human and Peoples' Rights. The Court directed the government to take constitutional, legislative and all other necessary measures within a reasonable time to remedy the observed violations. This article revisits this case to understand the reluctance by the government towards independent candidates.

Keywords: independent candidates; constitutionalism; Africa; Tanzania; Mtikila; African Court; human rights; election.

DOI: 10.1504/IJHRCS.2017.088719

International Journal of Human Rights and Constitutional Studies, 2017 Vol.5 No.2, pp.130 - 143

Received: 10 May 2017
Accepted: 27 May 2017
Published online: 15 Dec 2017 *

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