Bill gives leaders immunity
Publish date: 29 June 2020
Issue Number: 879
Diary: IBA Legalbrief Africa
Category: Tanzania
Tanzania has passed a Bill that will offer immunity to its top leaders against prosecution for any action undertaken while in office. Parliament endorsed amendments to the Basic Rights and Duties Enforcement Act, giving leaders of the three arms of government protection from being sued in their individual capacities. The leaders cited in the Bill are the President, Vice-President, Prime Minister, speaker and deputy speaker of the National Assembly, and the Chief Justice. The East African reports that any individual aggrieved by their conduct will only have the option of suing the state through the office of the Attorney-General. The new clauses are included in the Written Laws Miscellaneous Amendments No 3 of 2020, which were approved under a certificate of urgency before Parliament was dissolved this week to pave the way for the October elections. The Bill was rushed through Parliament despite an outcry from civil society and now awaits formal approval by President John Magufuli. The report notes that Tanzanian law professor Issa Shivji described the new clauses as an attempt to ‘amend the Constitution through the back door’ by abolishing public interest litigation.