Read on Twitter
1. A quick thread on the decision of the African Court on Human and Peoples' Rights in the Jebra Kambole Case challenging the restrictions to contest the outcome of presidential elections in #Tanzania .
2. Case was filed by @Advocate_Jebra, a Tanzanian lawyer who argued Art. 41(7) of the #Tanzania Constitution violates his rights under the African Charter. The Article prohibits courts from inquiring into the validity of a presidential election.
3. @Advocate_Jebra argued this violated his rights to non-discrimination, equality protection of the law and the right to have his cause heard, especially the right to appeal.
4. @Advocate_Jebra also argued that the alleged violations were of a continuous nature and also that no local remedies were available.
5. #Tanzania filed 2 preliminary objections arguing that first, @Advocate_Jebra failed to exhaust local remedies and, second, that the case was not filed within a reasonable time.
6. On the merits of the case, #Tanzania argued that Art. 41(7) was not discriminatory (as it applied to everyone) and that it was justifiable on the basis that it protected sovereignty. #Tanzania also argued the margin of appreciation doctrine applied.
7. @court_afchpr dismissed #Tanzania's objections by finding that local remedies were unavailable on the basis that no Court could inquire in Art. 41(7). In doing so it cited the famous #Mrema case that challenged the constitutionality of the impugned provision.
8. On the merits, @court_afchpr had a split bench on its findings but the majority ruled that there were violations of Art. 2 - (non-discrimination) and Art. 7(1) - (right to a remedy). Detailed case summary here 
https://en.african-court.org/index.php/56-pending-cases-details/1185-app-no-018-2018-jebra-kambole-v-the-united-republic-of-tanzania-details
https://en.african-court.org/index.php/56-pending-cases-details/1185-app-no-018-2018-jebra-kambole-v-the-united-republic-of-tanzania-details
9. @court_afchpr also ordered #reparations and directed #Tanzania to amend it's constitution within 2 years, to publish the judgment within 3 months and to report periodically until the decision has been fully implemented.
10. I can't overstate how massive this is for political rights in #Africa. It creates a strong precedent for adjudication of presidential election disputes. As @AdamAbebe argues, @court_afchpr is evolving into a "Constitutional Court for #Africa" https://academic.oup.com/icon/article-abstract/17/1/89/5485940
11. It keeps the pressure on #Tanzania to implement constitutional reforms including the right to Independent Candidacy. Interestingly, governance reforms are a priority for the ruling #CCM party, but still not clear if this includes a new Constitution https://www.thecitizen.co.tz/news/CCM-sets-six-major-goals-in-its-2020-25-/1840340-5591586-9rpn5mz/index.html
12. It will be interesting to see whether #Tanzania will implement this decision in light of the withdrawal of its Art. 34(6) declaration (which allows direct access to citizens to file cases) and the more pugnacious posture that has been witnessed between it & the @court_afchpr
13. As #Tanzania heads toward national elections in October 2020, the case will likely bolster calls by CSOs & opposition parties for broader civic & political space. It also comes on the backdrop of shrinking space for national public interest litigation https://www.aa.com.tr/en/africa/tanzania-mps-approve-law-granting-president-immunity/1873937
14. Finally, a massive plug for @Advocate_Jebra who has become the foremost public interest litigator in #Tanzania
