This archive report was first published on 14 July 2020.
On July 6, the East African Court of Justice (EACJ) heard a preliminary objection from the Tanzania government questioning the legality of the regional court to hear a case on the existence of its own creator.
According to Lady Justice Monica Mugenyi, the First Instance Division of the court will deliver its judgement on a written notice.
At the heart of the case are Articles of Union creating the United Republic of Tanzania, which Zanzibaris Rashid Salum Adiy and 39,999 others claim were inexistent and invalid from the outset.
They argue that the Articles of Union were not ratified on April 25, 1964, as claimed, and that they were not registered in accordance with Article 102 of the United Nations.
The Zanzibaris are asking the court to declare the Articles of Union non-existent, the Union a nullity, and to order the government to enact laws re-establishing the autonomy and sovereignty of the Revolution of Zanzibar.
The Tanzania government, however, insists that the regional court does not have the mandate to decide the existence of one of its founders as stipulated in Article 27 of the East African Community (EAC) Treaty.
“If the court does, it will be questioning its own existence and of other East African Community organs,” said Gabriel Maana, the Tanzania Deputy Solicitor General.
Mr Maana also argued that over 52 years had passed since the Union was established, and that the time to file a petition at the regional court was two months since the event had occurred.
