Onesmo Olengurumwa vs Attorney General [Civil Appeal No. 134 of 2022]

Nature of the Case

Public Interest Litigation. The Court of Appeal in Tanzania, the highest court of Tanzania, found that the Parliament had unduly restricted the right of every citizen to bring forth public interest litigation to protect their society’s constitutional rights, through the Written Laws (Miscellaneous Amendments) Act No. 03 of 2020, which introduced section 4 to the Basic Rights and Duties Enforcement Act. The Court of Appeal held that the realization of this public interest litigation right is so important that it cannot be hindered by requiring proof of personal interest, requiring a higher standard of proof, limiting who claims can be brought against, or adding affidavit and remedies requirements that did not exist previously.

Enforcement of the Decision and Outcomes

The Court of Appeal’s decision, finding merit in all eight grounds of the Appellant’s appeal, resulted in setting aside the High Court’s judgement and a reversal of all subsequent orders made in conjunction with that judgment. The Court of Appeal directed the Tanzanian Parliament to repeal sections six and seven of the Written Laws (Miscellaneous Amendments) Act No. 03 of 2020 within 12 months. The Court of Appeals stated that if the legislature fails to meet this directive, then the amendments will have no legal effect. Because the Court of Appeal is the highest court in Tanzania, this judgement is final.

Significance of the Case

This decision is an extremely important instance of protecting a foundational civil right, the right to defend one’s constitution, which in essence supports the protection of all rights. Public interest litigation, regardless of personal interest, was shown to be a fundamental aspect of Tanzanians’ rights and duties deserving of unrestricted access and utilization. The analysis of the Court of Appeal also uplifts the idea that it is the right of every citizen to defend the Constitution upon seeing a violation or injustice, no matter who it affects. The decision emphasizes the judiciary’s role in upholding the Constitution and the importance of challenging legislatures’ actions that hinder avenues of rights protection.

Secondary materials:

Tanzania Human Rights Defenders Coalition, The Court of Appeal of Tanzania as delivered a landmark judgment on public interest litigation in the case of Onesmo Olengurumwa v. Attorney General (June 14, 2025); available at: https://legalbrief.co.za/media/filestore/2025/06/LANDMARK_HUMAN_RIGHTS_DECISION_ONESMO_V_ATTORNEY_GENERAL.pdf

https://tanzlii.org/akn/tz/judgment/tzca/2025/587/eng@2025-06-13

Legal and Human Rights Centre, “Landmark victory for constitutional rights: Court of Appeal declares key provisions of BRADEA unconstitutional,” June 13, 2025; available at: https://humanrights.or.tz/en/news-events/Landmark_Victory_Case

Julius Maricha, “Court of Appeal quashes restrictions on public interest litigation,” The Citizen, June 17, 2025; available at: https://www.thecitizen.co.tz/tanzania/news/national/court-of-appeal-quashes-restrictions-on-public-interest-litigation-5082230#google_vignette

Groups Involved in the Case

Tanzania Human Rights Defenders Coalition, info@thrdc.or.tz