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By Evarist Baimu Nyaga Mawalla - Home

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the case of Attorney-General v. Lesinoi Ndeinai & Joseph Selayo Laizer and TwoOthers 32 where he said:On a matter of this mature it is always very helpful to consider what solutionsto the problems other courts in other countries have found, since basicallyhuman beings are the same though they may live under different conditions.The Tanzania Court of Appeal in the Case of D.P.P. v repeated the same view.Ally Haji Ahmed and 10 Other 33 where the court emphasized that in interpretingthe Constitution the courts have to take into account the provisions of theUniversal Declaration of Human Rights, 1948 and other treaties which Tanzaniahas ratified. That view is also in line with the HARARE Declaration Of HumanRights issued at the end of a high level judicial colloquium of Commonwealthjudges on the tope of Domestic Application of international Human Rights Norms,convened in Harare, Zimbabwe between 19 th and 22 nd April 1989. Our Chiefjustice Hon. Mr. Francis Nyalali attended that colloquium. In their declaration theyendorsed the Bangalore Principles, 1988 to the effect that is it within the propernature of the judicial process for national courts to have regard to internationalhuman rights norms (whether or not incorporated into domestic law) for thepurpose of resoling ambiguity or uncertainty in national Constitutions andlegislation. On the same point see Maxwell on the interpretation of Statutes 34as well as the judgment of Lord Denning,. M.R. (as he then was) in the case ofR.v. Secretary of State for <strong>Home</strong> Affairs and Another ex parte Bhajan Singh 35Now Tanzania has ratified the following international30 (1975) European Court of justice, International Law Reports 57.31 LESTER, Anthony, “Preparing and presenting a Human Rights Brief” VolumeCommonwealth law Bulletin, 1991, p. 105532 (1980) TLR 21433 Court of Appeal of Tanzania Criminal Appeals No. 44 and 45 of 1985 (Unreported).34 (1969) 2 nd Edition at p. 183.35 (1975) A All E,R. 1081 at p. 1089.And regional instrument, which provide for the right of free access to the courtswithout any impediment: the Universal Declaration of Human Rights, 1948 inArticle 8, the African Charter on Human and People’s Rights, 1981 in Article 7 (1)Which Tanzania ratified on 18 th February. 1984; the International Covenant onCivil and political Rights, 1966 in Article 2 (3) which Tanzania ratified on 11 thSeptember, 1976. All those treaties ore instruments, including the impediment ofthe requirement of a ministerial fiat. That was what was decade the EuropeanCount of Human Rights in the Goder Case supra) The United National HumanRights committee interpreting that right in the case of Wright v. Madagascar 36held that right of access to the courts is infringed not only when an individual is271

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