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Basic Rights and Duties Enforcement Act

Chapter 3

Basic Rights and Duties Enforcement Act
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Chapter 3
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BRADEA
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Tanzania

Basic Rights and Duties Enforcement Act

Chapter 3

  • Commenced on 27 January 1995
  • [This is the version of this document from 14 March 2025.]
  • [Note: This legislation was revised and consolidated as at 31 July 2002 and 30 November 2019 by the Attorney General's Office, in compliance with the Laws Revision Act No. 7 of 1994, the Revised Laws and Annual Revision Act (Chapter 356 (R.L.)), and the Interpretation of Laws and General Clauses Act No. 30 of 1972. All subsequent amendments have been researched and applied by Laws.Africa for TANZLII.]
  1. [Amended by Written Laws (Miscellaneous Amendments) (No. 3) Act, 2020 (Act 6 of 2020) on 19 June 2020]
  2. [Amended by Written Laws (Miscellaneous Amendments) (No. 2) Act, 2025 (Act 2 of 2025) on 14 March 2025]
[Act No. 33 of 1994]An Act to provide for the procedure for enforcement of constitutional basic rights and duties and for related matters.

1. Short title

(1)This Act may be cited as the Basic Rights and Duties Enforcement Act.
(2)This Act shall apply to Tanzania Zanzibar as well as to Mainland Tanzania in relation to all suits the courses of action in which concern the provisions of Articles 12 to 29 of the Constitution.

2. Interpretation

(1)In this Act, unless the context requires otherwise—"act" includes any decision, determination, advice or recommendation made under a power or duty conferred or imposed by the Constitution or by any written law;"administrative act or omission" means an act or omission of a Minister, public official, tribunal, board, committee, local government authority or other authority of the Government exercising, purporting to exercise or failing to exercise any power or duty conferred or imposed by the Constitution or by any written law in furtherance of basic rights and duties;"Constitution" means the Constitution of the United Republic of Tanzania,;[Cap. 2]"Minister" means the Minister for the time being responsible for legal affairs;"subordinate court" means any court of a magistrate of any level established under the Magistrates' Courts Act.[Cap. 11]

3. Application

This 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 redress

(1)Where 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][subsection (1), previously section unnumbered, numbered by section 7(a) of Act 6 of 2020]
(2)Without prejudice to the provisions of the Commission for Human Right and Good Governance Act, relating to powers of the Commission to institute proceedings, an application under subsection (1) shall not be admitted by the High Court unless it is accompanied by an affidavit stating the extent to which the contravention of the provisions of Articles 12 to 29 of the Constitution has affected such person personally.[Cap 391][subsection (2) added by section 7(b) of Act 6 of 2020]
(3)For avoidance of doubt, a person exercising the right provided for under Article 26(2) of the Constitution shall abide with the provisions of Article 30(3) of the Constitution.[subsection (3) added by section 7(b) of Act 6 of 2020]
(4)Notwithstanding any provisions to the contrary, where redress is sought against the President, Vice-President, Prime Minister, the Speaker, Deputy Speaker or Chief Justice for any act or omission done in the performance of their duties, a petition shall only be brought against the Attorney General.[subsection (4) added by section 7(b) of Act 6 of 2020]
(5)A petitioner shall, prior to seeking redress under this Act, exhaust all available remedies under any other written laws.[subsection (5) added by section 7(b) of Act 6 of 2020]

5. Application to be made by petition

An 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 petition

A petition made under this Act shall set out—
(a)the name and address of the petitioner;
(b)the name and address of each person against whom redress is sought;
(c)the grounds upon which redress is sought;
(d)the specific sections in Part III of Chapter One of the Constitution which are the basis of the petition;
(e)particulars of the facts, but not the evidence to prove such facts, relied on; and
(f)the nature of the redress sought.

7. Service of petition

(1)A copy of the petition shall be served by or on behalf of the petitioner on each person against whom redress is sought.
(2)Where redress is sought against the Government a copy of the petition shall be served by or on behalf of the petitioners on the Attorney-General or his duly authorised representative.
(3)Where redress is sought against a Minister, Deputy Minister, Permanent Secretary, Commissioner or other servant of the Government in respect of any matter arising out of the official duties or functions of the office he holds, a copy of the petition shall also be served by or on behalf of the petitioner on the Attorney-General or his duly authorised representative.

8. Jurisdiction of High Court

(1)The High Court shall have and may exercise original jurisdiction—
(a)to hear and determine any application made by any person in pursuance of section 4;
(b)to determine any question arising in the course of the trial of any case which is referred to it in pursuance of section 6, and may make such orders and give directions as it may consider appropriate for the purposes of enforcing or securing the enforcement of any of the provisions of Articles 12 to 29 of the Constitution, to the protection of which the person concerned is entitled.
(2)The High Court shall not exercise its powers under this section if it is satisfied that adequate means of redress for the contravention alleged are or have been available to the person concerned under any other law, or that the application is merely frivolous or vexatious.
(3)The High Court shall dismiss every application brought under this Act which it is satisfied is brought only on the grounds that the provisions of Articles 12 to 29 of the Constitution are likely to be contravened by reason of proposals contained in any Bill which, at the date of the application has not become a law.
(4)For the avoidance of doubt, the provisions of Part VII of the Law Reform (Fatal Accidents and Miscellaneous Provisions) Act, which relate to the procedure for and the power of the High Court to issue prerogative orders, shall not apply for the purposes of obtaining redress in respect of matters covered by this Act.[Cap. 310]

9. Where matter arises in subordinate court

(1)Where in any proceedings in a subordinate court any question arises as to the contravention of any of the provisions of Articles 12 to 29 of the Constitution, the presiding magistrate shall, refer the question to the High Court for decision; save that if the question arises before a primary court the magistrate shall refer the question to the court of a resident magistrate which shall determine whether or not there exists a matter for reference to the High Court.[subsection (1) amended by section 6 of Act 2 of 2025]
(2)Where any matter is referred to the High Court in pursuance of subsection (1), the High Court shall give its decision upon the question, and the subordinate court in which the question arose shall dispose of the case in accordance with that decision.

10. Constitution of High Court

(1)For the purposes of hearing and determining any petition made under this Act including references made to it under section 9, the High Court shall be composed of three Judges of the High Court.[subsection (1) amended by section 7 of Act 2 of 2025]
(2)Subject to subsection (1), every question in a petition before the High Court under this Act shall be determined according to the opinion of the majority of the Judges hearing the petition.

11. Hearing

(1)The High Court shall set down the petition for hearing as soon as may be convenient after filing and shall notify the date of hearing to the petitioner and to each of the persons upon whom a copy of the petition is required to be served.
(2)The petitioner and any person on whom a copy of the petition is required to be served may appear either in person or by advocate at the hearing of the petition and may adduce evidence.

12. Form of evidence

The 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

(1)Subject to this section, in making decisions in any suit, if the High Court comes to the conclusion that the basic rights, freedoms and duties concerned have been unlawfully denied or that grounds exist for their protection by an order, it shall have power to make all such orders as shall be necessary and appropriate to secure the applicant the enjoyment of the basic rights, freedoms and duties conferred or imposed on him under the provisions of Articles 12 to 29 of the Constitution.
(2)Where an application alleges that any law made or action taken by the Government or other authority abolishes or abridges the basic rights, freedoms or duties conferred or imposed by Articles 12 to 29 of the Constitution and the High Court is satisfied that the law or action concerned to the extent of the contravention is invalid or unconstitutional, then the High Court shall, instead of declaring the law or action to be invalid or unconstitutional, have the power and the discretion in an appropriate case to allow Parliament or other legislative authority, or the Government or other authority concerned, as the case may be, to correct any defect in the impugned law or action within a specified period, subject to such conditions as may be specified by it, and the law or action impugned shall until the correction is made or the expiry of the limit set by the High Court, whichever be the shorter, be deemed to be valid.
(3)The power of the High Court under this Act shall include the power to make all such orders as shall be necessary and appropriate to secure the enjoyment by the applicant of the basic rights, freedoms and duties under the provisions of Articles 12 to 29 of the Constitution should the Court come to the conclusion that such basic rights, freedoms or duties have been unlawfully denied or violated or that grounds exist for their protection by an order.

14. Appeals

(1)Any person aggrieved by any decision of the High Court on an application brought under section 4, 5 or 6 may appeal to the Court of Appeal.
(2)Notwithstanding the provisions of the Civil Procedure Code or of any other law to the contrary, where in proceedings under this Act which do not involve continuous breach or personal injuries, the Government files a notice of intention to appeal against any decision of a court, the notice shall, when entered, operate as a stay of execution upon the decisions sought to be appealed against.[Cap. 33][subsection (2), previously (3), amended by section 8(a) of Act 2 of 2025 and renumbered by section 8(b) of Act 2 of 2025]

15. Rules of procedure

Subject 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

14 March 2025 this version
31 December 2023
Chapter 3

Revised Laws 2023

Consolidation
19 June 2020
Read this version
30 November 2019
Chapter 3

Revised Laws 2019

Consolidation
Read this version
31 July 2002
Chapter 3

Revised Laws 2002

27 January 1995
Commenced

Unconstitutional provisions

Legislation provisions that have been declared unconstitutional by a court. They are resolved when new legislation is passed. All unconstitutional provisions →
  • 4. Right to apply to High Court for redress Unresolved
    Judgment
    Onesmo Olengurumwa vs Attorney General (Civil Appeal No. 134 of 2022) [2025] TZCA 587 (13 June 2025)
    Date deemed unconstitutional
    13 June 2025
    End of suspension period
    13 June 2026

    Subsections (2), (3), (4) and (5) of the Basic Rights and Duties Act, as added by sections 6 and 7 of the Written Laws (Miscellaneous Amendments) (No. 3) Act, 2020, were declared unconstitutional.

    4. Right to apply to High Court for redress as at 14 March 2025:

    4. Right to apply to High Court for redress

    (1)Where 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][subsection (1), previously section unnumbered, numbered by section 7(a) of Act 6 of 2020]
    (2)Without prejudice to the provisions of the Commission for Human Right and Good Governance Act, relating to powers of the Commission to institute proceedings, an application under subsection (1) shall not be admitted by the High Court unless it is accompanied by an affidavit stating the extent to which the contravention of the provisions of Articles 12 to 29 of the Constitution has affected such person personally.[Cap 391][subsection (2) added by section 7(b) of Act 6 of 2020]
    (3)For avoidance of doubt, a person exercising the right provided for under Article 26(2) of the Constitution shall abide with the provisions of Article 30(3) of the Constitution.[subsection (3) added by section 7(b) of Act 6 of 2020]
    (4)Notwithstanding any provisions to the contrary, where redress is sought against the President, Vice-President, Prime Minister, the Speaker, Deputy Speaker or Chief Justice for any act or omission done in the performance of their duties, a petition shall only be brought against the Attorney General.[subsection (4) added by section 7(b) of Act 6 of 2020]
    (5)A petitioner shall, prior to seeking redress under this Act, exhaust all available remedies under any other written laws.[subsection (5) added by section 7(b) of Act 6 of 2020]

Cited documents 1

Act
1

Documents citing this one 201

Judgment
192
Freeman Aikael Mbowe vs The Director of Public Prosecution & Others (Civil Appeal No. 382 of 2021) [2024] TZCA 836 (30 August 2024)
A constitutional petition is not maintainable where alternative remedies for breaches of statutory procedures in criminal cases exist.
Constitutional law – Basic rights – Exhaustion of alternative remedies – Distinction between statutory illegality and constitutional questions – Jurisdiction of the High Court under Article 30(3) – Judicial review as appropriate remedy for procedural abuses during criminal process.
Johnson Amir Garuma vs The Attorney bGeneral & Others (Civil Appeal No. 206 of 2018) [2023] TZCA 116 (15 March 2023)
A dismissal under section 3(1) of the Limitation Act bars returning to the same court for extension and is constitutional.
Limitation of actions — Limitation Act s.3(1) — Dismissal as time‑bar — effect as finality/res judicata; s.14(1) — enlargement of time — harmonious construction; constitutional challenge — access to courts and fair hearing; doctrine of precedent and persuasive foreign authorities.
Attorney General vs Jeremia Mtobesya (Civil Appeal 65 of 2016) [2018] TZCA 347 (2 February 2018)
Section 148(4) CPA denies meaningful hearing and personal liberty rights and is unconstitutional and not saved by Article 30(2).
Constitutional law – criminal procedure – bail – section 148(4) CPA – DPP certificate denying bail – right to fair hearing (Article 13(6)(a)) – personal liberty (Article 15) – derogation/clawback (Article 30(2)) – public interest litigation (Article 26(2)).
Tanzania Cigarette Company Ltd vs The Fair Competition Commission & Another (Misc. Civil Cause 31 of 2010) [2012] TZHC 31 (28 September 2012)
A corporate petitioner must exhaust statutory FCA remedies before invoking the Basic Rights Act to challenge FCC actions.
Constitutional law – presumption of constitutionality of statutes; Administrative law – requirement to exhaust statutory remedies before constitutional petition; Fair Competition Act – availability of appeal to Fair Competition Tribunal (section 61) as adequate remedy; Separation of functions – allegation that section 69(1) concentrates accusatory and adjudicative powers; Retrospectivity – challenge to retrospective merger notification order (not decided due to jurisdictional bar).
Zito Zuberi Kabwe & Others vs Attorney General (Civil Application 365 of 2019) [2020] TZCA 390 (12 August 2020)
Applicants failed to show good cause for extension; proceedings are necessary for revision and alleged illegality was not apparent on the record.
Civil procedure – Extension of time – Rule 10 Court of Appeal Rules; Revision – necessary record includes High Court proceedings; Good cause requires accounting for each day of delay; Alleged illegality must be apparent on face of record to justify extension.
Geofrey Watson Mwakasege vs Tanganyika Law Society and the Attorney General (Misc. Civil Cause 23 of 2021) [2022] TZHC 11064 (19 July 2022)
A constitutional petition challenging regulations was struck out for failure to exhaust available remedies, namely judicial review.
Constitutional law – Challenge to subsidiary legislation – Proper forum and procedure – Exhaustion of alternative remedies – Judicial review – High Court jurisdiction – Basic Rights and Duties Enforcement Act, ss 4, 8(2), 4(5) (as amended) – Advocates Act – Regulations restricting advertising by advocates.
Joran Lwehabura Bashange vs Minister for Constitutional & Legal Affairs & Another (Misc. Civil Cause No. 12 of 2023) [2024] TZHC 774 (13 March 2024)

Constitutional Law – Separation of Powers – Executive Interference in Judicial Functions

Constitutional Law –  Due process – Ministerial discretion to extend limitation periods

Constitutional Law – Bill of Rights – Right to Access to Justice
Onesmo Ole Ngurumwa vs The Honourable Attorney General (Civil Appeal No. 165 of 2021) [2024] TZCA 651 (29 July 2024)
A High Court ruling was nullified for improper assignment procedure in determining preliminary objections in a constitutional petition.
Constitutional petition—procedure—assignment of preliminary objections in constitutional petitions—jurisdiction of the High Court—requirement for assignment by Principal Judge or Judge In-Charge—illegality of assignment by judicial panel—nullification of proceedings for want of jurisdiction.
Zitto Zuberi Kabwe vs the President of the United Republic of Tanzania and Others (Misc. Civil Cause 1 of 2020) [2020] TZHC 72 (18 March 2020)
A public-interest constitutional petition challenging a statute and presidential removal of the CAG is maintainable; all preliminary objections dismissed.
Constitutional law – public interest litigation under Article 26(2) – proper forum to challenge constitutionality of statute and presidential acts; Presidential immunity (Article 46) – constitutional petitions permitted in official capacity; BRADEA scope – judicially widened beyond Articles 12–29; Affidavit requirements – Order XIX r.3 CPC; Prerogative orders vs. declaratory relief.
Attorney General & Others vs Bob Chacha Wangwe (Civil Appeal No. 138 of 2019) [2019] TZCA 346 (16 October 2019)
Whether statutory appointment of local government Directors as Returning Officers breaches constitutional safeguards for free and fair elections.
Constitutional law — electoral management — whether statutory appointment of local government Directors as Returning Officers breaches articles 21(1), 21(2), 26(1) and safeguards in article 74(14); statutory/regulatory safeguards (oath/declaration, NEC powers, party agents, criminal sanctions) and admissibility/probative weight of electronic annexures to affidavit.
Case summary
2
Gazette
2
Journal
2
JOT Documents and Guidelines
1
Law Reform Report
1
Ordinance
1

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