Legal Issues in South AfricaInternational Arbitration and Investment LawConflict of Laws and Jurisdiction

L. Lukiko, C. Kilonzo

2026.5.11Oxford University Commonwealth Law Journal

DOI: 10.1080/14729342.2026.2672319

Abstract

In June 2020, the Government of Tanzania amended Section 4 of the Basic Rights and Duties Enforcement Act by introducing new provisions that restricted public interest litigation. In June 2025, the Court of Appeal of Tanzania in Onesmo Olengurumwa v Attorney General declared those provisions unconstitutional and directed Parliament to repeal them within 12 months from the date of judgment. This case note examines the significance of that decision in restoring public interest litigation in Tanzania. We argue that the 12-month suspension period given to Parliament was unjustified and delayed constitutional and human rights enforcement achievable through public interest litigation.

Citation format

LUKIKO, L.; KILONZO, C. Restoring public interest litigation in tanzania: Revisiting onesmo olengurumwa v attorney general. Oxford University Commonwealth Law Journal, 2026: 1–10.