Basic Rights and Duties Enforcement Act
- Commenced on 27 January 1995
- [This is the version of this document at 30 November 2019.]
1. Short title
3. ApplicationThis Act shall apply only for the purposes of enforcing the provisions of the basic rights and duties set out in Part III of Chapter One of the Constitution.
4. Right to apply to High Court for redressWhere any person alleges that any of the provisions of Articles 12 to 29 of the Constitution has been, is being or is likely to be contravened in relation to him, he may, without prejudice to any other action with respect to the same matter that is lawfully available, apply to the High Court for redress.[Cap. 4 s. 8]
5. Application to be made by petitionAn application to the High Court in pursuance of section 4 shall be made by petition to be filed in the appropriate Registry of the High Court by originating summons.
6. Contents of petitionA petition made under this Act shall set out—
7. Service of petition
8. Jurisdiction of High Court
9. Where matter arises in subordinate court
10. Constitution of High Court
12. Form of evidenceThe High Court may, in its discretion, receive evidence by affidavit in addition to or in substitution for oral evidence.
13. Power of High Court in making decisions
15. Rules of procedureSubject to the provisions of this Act, the Chief Justice may, after consultation with the Minister make rules with respect to other matters relating to the practice and procedure of the High Court and of subordinate courts in relation to the jurisdiction and powers conferred by or under this Act, including rules with respect to the time within which application may be brought and references shall be made to the High Court from subordinate courts.
History of this document
30 November 2019 this version
27 January 1995
|Basic Rights and Duties Enforcement (Practice and Procedure) Rules, 2014||Government Notice 304 of 2014|
Cited documents 0
Documents citing this one 8
- Attorney General & Another vs Ngu'ni (Civil Appeal 45 of 1998)  TZHC 2 (5 March 2002)
- Ayugi vs Ayugi and Others (Civil Revision 184 of 2002)  TZHC 27 (9 May 2005)
- Federation of Mines Association of Tanzania & Others vs M/s Africa Gem Resources (AFGEM) & Others (Misc. Civil Case 23 of 2001)  TZHC 7 (22 August 2001)
- Federation of Mines Associations of Tanzania & Others vs M/S Africa Gem Resources (AFGEM) & Others (Misc. Civil Case 23 of 2001)  TZHC 30 (22 August 2001)
- Josephat Jones Mwaipopo vs Attorney General & Another (Misc. Civil Cause 52 of 2008)  TZHC 2154 (13 December 2011)
- Leila Sheikh vs Executive Chairman of Tanzania Comm. Aids & others (Misc. Civil Cause No. 21 of 2004)  TZHC 50 (18 November 2004)
- Protace Magombo vs Attorney General & Another (Civil Case 197 of 2005)  TZHC 284 (16 September 2010)