A petitioner has sued the Government of the United Republic of Tanzania at the High Court of Tanzania in Dar es Salaam over the internet shutdown that occurred during the 2020 general elections.
According to the petition, Tanzania’s October 2020 General Election was one of the most flawed in history with numerous irregularities and human rights violations being recorded.
Internet users in the country had limited or blocked access to the internet from October 27 to October 29, 2020, immediately after participating in the profoundly competitive election. According to the petition, the shutdown created an environment where people could not freely receive, communicate, or disseminate information at a critical point when they undeniably needed to.
For example, citizens experienced a total communication blockage. They were, for instance, unable to send text messages containing the name ‘Tundu Lissu.’ a prominent Tanzanian opposition figure and the 2020 presidential candidate.
According to a statement by lawyer Tito Elia Magoti, who represents the plaintiff, the lawsuit has been filed by Kumbusho Dawson Kagine, a social media user and the Executive Secretary of Reach Out Tanzania, a non-governmental organization based in Dar es Salaam that advocates against the impact of internet shutdowns.
Tito, alongside co-counsel Alphonce Lusako, explained that the lawsuit was filed under the directives of their client against the Minister of Information, Communication, and Information Technology, the Tanzania Communications Regulatory Authority (TCRA), and the Attorney General.
“Our client’s claim is that the internet was intentionally shut down, violating several rights protected by the Constitution of the United Republic of Tanzania. Specifically, the right to receive, impart, and disseminate information (Article 18), the freedom of assembly and association (Article 20(1)), and the right to participate in public affairs (Article 21(1, 2)), along with the government’s duty to uphold the constitution and the laws of the country (Article 26),” Tito explained.
He further stated that these rights are also enshrined in the African Charter on Human and Peoples’ Rights, the International Covenant on Civil and Political Rights, and the African Charter on Democracy, Elections and Governance, as well as various declarations such as the United Nations Human Rights Council’s Resolution on the Promotion, Protection, and Enjoyment of Human Rights on the Internet, the 2017 African Declaration on Internet Rights and Freedoms, and the African Commission on Human and Peoples’ Rights’ Guidelines on Freedom of Expression in Africa.
Kumbusho, after filing the lawsuit, has called for the court to declare that the internet shutdown violated the Constitution of the United Republic of Tanzania and international treaties, thus infringing on human rights. He also seeks an injunction to prevent the government from repeating such actions, including during the upcoming Local Government elections in 2024 and the general elections in 2025.
the case was first mentioned yesterday 17,07, 2024 before Judge David Ngunyale at the High Court in Dar es Salaam according to the Chanzo blog.
This article first appeared on the Chanzo.com blog.