110.
Article 7 of the Charter stipulates that: "1. Every individual shall have
the right to have his cause heard. This comprises:
a)
The right to an appeal to competent national organs against acts violating
his fundamental rights as recognized and guaranteed by conventions,
laws, regulations and customs in force;
b) The right to be presumed
innocent until proved guilty by a competent
court or tribunal;
c)
The right to defence, including the right to be defended by counsel of his
choice....
111.
Article 14 of ICCPR provides that'All persons shall be equal before
the courts and tribunals. ln the determination of any criminal charge against
him, or of his rights and obligations in a suit at law, every one shall be
entitled
to a fair and public hearing by a competent, independent
impartial tribunal established by law...
and
"
112.
The Court notes that the African Commission on Human and peoples,
Rights has held that in matters of deprivation of nationality, the State has
"the obligation to offer the individual the opportunity to challenge the
decision" and is of the opinion that the State should conduct a judicial
enquiry in the proper form in accordance with national legislation.l2.
113. ln the instant case, the Court notes that in matters of immigration,
the
Tanzanian lmmigration Law of 1995 defining "illegal immigrant" provides
that the decision of the Minister of Home Affairs dectaring a person an
"illegal immigrant" shall be final [Article 10 (0]. lt follows that, in this case,
the Applicant was
ri prioi
unable
to
appeal against the Minister's
administrative decision before a national court.
114. The court, in any case,
hords that even
if, in the silence of
aforementioned immigration law, the Applicant had, under
trrtattgl of Amnesty lnternational v. Zambia, Communication No. 212gg(leee)
by the African commission on Human and peoples' Rights on the Right to
]'z
24
the
a general
Also see the Study
36 (2004)
rG J)
v ,27./
q