Regional court rules in favour of civil society

The East African Court of Justice (EACJ) has struck out a notice of appeal by the Tanzania government challenging the court’s ruling in favour of civil society organisations opposing the Media Services Act, 2016.

The Appellate Division of the regional court held in its May 9, 2020, ruling that the Tanzania government had failed to take necessary steps in filing the appeal as stipulated in Rule 86 of the EACJ Rules of Procedure, 2013.

The rule requires the government to have lodged its appeal in the appropriate registry within 30 days of the date when the notice of appeal was filed.

The Media Council of Tanzania, Legal and Human Rights Centre and Tanzania Human Rights Defenders Coalition had filed Reference No. 2 of 2017 before the First Instance Division of the court on January 11, 2017, challenging several clauses of the Media Services Act.

The civil society organisations argued that the Act contravened provisions of the East African Community Treaty, saying it was incompatible with the spirit and basics of good governance, democracy, rule of law and human rights.

On March 28, 2019, the First Instance Division ruled in favour of the civil society organisations, and the government appealed against the judgment in April 2019.

In its judgment read by Justice Charles Nyachae, of the First Instance Division cited several clauses of the Act as contravening good governance, democracy, rule of law and human rights.

The court also ruled that the media law contravened several clauses of the East Africa Cooperation pact and the Tanzania Constitution.

It ordered the government of Tanzania to bring disputed provisions of the Media Services Act in compliance with the EAC Treaty.

“Each party shall bear the costs,” Justice Charles Nyachae said when reading the judgment which poked holes in some of the sections of the Act saying they were vague, unclear and imprecise.

The Media Services Act No 120 was enacted on November 5, 2016, and assented to law on November 16, 2016.