THE BASIC RIGHTS AND DUTIES ENFORCEMENT ACT

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.CHAPTER 3
THE BASIC RIGHTS AND DUTIES ENFORCEMENT ACT
[PRINCIPAL LEGISLATION]
Arrangement of Sections
Section Title
1. Short title.
2. Interpretation.
3. Application.
4. Right to apply to High Court for redress.
5. Application to be made by petition.
6. Contents of petition.
7. Service of petition.
8. Jurisdiction of High Court.
9. Where matter arises in subordinate court.
10. Constitution of High Court.
11. Hearing.
12. Form of evidence.
13. Power of High Court in making decisions.
14. Appeals.
15. Rules of procedure.

.
10. Constitution of High Court.
11. Hearing.
12. Form of evidence.
13. Power of High Court in making decisions.
14. Appeals.
15. Rules of procedure.

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1.–(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 of the United Republic, 1977.

in relation to all suits the courses of action
in which concern the provisions of Articles 12 to 29 of the
Constitution of the United Republic, 1977.

2.–(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, 1977;
“Minister” means the Minister responsible for legal affairs;
“subordinate court” means any court of a magistrate of any
level established under the Magistrates’ Courts Act. Short title
Interpretation
Cap. 2
Cap. 11
CHAPTER 3
THE BASIC RIGHTS AND DUTIES ENFORCEMENT ACT
An Act to provide for the procedure for enforcement of constitutional basic
rights and duties and for related matters. [27th January,1995]
[DPG]
Acts Nos. 33 of 1994
6 of 2020

procedure for enforcement of constitutional basic
rights and duties and for related matters. [27th January,1995]
[DPG]
Acts Nos. 33 of 1994
6 of 2020

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.173
THE BASIC RIGHTS AND DUTIES ENFORCEMENT ACT [CAP. 3 R.E. 2023]
3. 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.–(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. (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.

ffidavit stating the extent to
which the contravention of the provisions of Articles 12 to 29
of the Constitution has affected such person personally.

(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. (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. (5) A petitioner shall, prior to seeking redress under this Act,
exhaust all available remedies under any other written laws. 5. 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. 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;
Application
Right to apply to
High Court for
redress
Act No. 6 of 2020 s. 7
Cap. 391
Application to be
made by petition
Contents of
petition

s sought;
Application
Right to apply to
High Court for
redress
Act No. 6 of 2020 s. 7
Cap. 391
Application to be
made by petition
Contents of
petition

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THE BASIC RIGHTS AND DUTIES ENFORCEMENT ACT [CAP. 3 R.E. 2023]
(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.–(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.

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.–(l)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. Service of
petition
Jurisdiction of
High Court

to the person
concerned under any other law, or that the application is
merely frivolous or vexatious. Service of
petition
Jurisdiction of
High Court

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THE BASIC RIGHTS AND DUTIES ENFORCEMENT ACT [CAP. 3 R.E. 2023]
(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.

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.

9.–(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, unless the parties to the proceedings agree to the contrary
or the magistrate is of the opinion that the raising of the
question is merely frivolous or vexatious, 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. (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.

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.–(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; save that the determination whether
an application is frivolous, vexatious or otherwise fit for
hearing may be made by a single Judge of the High Court. Cap. 310
Where matter
arises in
subordinate
court
Constitution of
High Court

therwise fit for
hearing may be made by a single Judge of the High Court. Cap. 310
Where matter
arises in
subordinate
court
Constitution of
High Court

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THE BASIC RIGHTS AND DUTIES ENFORCEMENT ACT [CAP. 3 R.E. 2023]
(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.–(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. The High Court may, in its discretion, receive evidence by
affidavit in addition to or in substitution for oral evidence.

and may adduce
evidence. 12. The High Court may, in its discretion, receive evidence by
affidavit in addition to or in substitution for oral evidence.

13.–(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.

cant 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,
to correct any defect in the impugned law or action within a
Hearing
Form of evidence
Power of High
Court in making
decisions

her authority concerned,
to correct any defect in the impugned law or action within a
Hearing
Form of evidence
Power of High
Court in making
decisions

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THE BASIC RIGHTS AND DUTIES ENFORCEMENT ACT [CAP. 3 R.E. 2023]
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.–(1) A 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.

der. 14.–(1) A 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) Where a Judge of the High Court determines that any
application is made frivolously or vexatiously, and where upon
appeal to the High Court from a decision of a subordinate
court a Judge of the High Court determines that the raising of
a question is merely frivolous or vexatious, the matter shall be
referred to the High Court constituted pursuant to section 10,
and the decision of that Court on that question shall be final. (3) 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. 15. 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
Appeals
Cap. 33
Rules of
procedure

relating to the practice and procedure of the High
Court and of subordinate courts in relation to the jurisdiction
Appeals
Cap. 33
Rules of
procedure

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THE BASIC RIGHTS AND DUTIES ENFORCEMENT ACT [CAP. 3 R.E. 2023]
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.