Lawyer Tito Elia Magoti. Photo: Courtesy
Tanzania Faces Major Legal Challenge Over 2020 General Election Internet Shutdown
By Adonis Byemelwa
The Government of the United Republic of Tanzania has been sued at the High Court of Tanzania in Dar es Salaam over the internet shutdown that occurred during the 2020 general elections.
According to a statement by lawyer Tito Elia Magoti, who represents the plaintiff, the lawsuit has been filed by Kumbusho Dawson Kagine, a social media user and the Executive Secretary of Reach Out Tanzania, a non-governmental organization based in Dar es Salaam that advocates against the impact of internet shutdowns.
Tito, alongside co-counsel Alphonce Lusako, explained that the lawsuit was filed under the directives of their client against the Minister of Information, Communication, and Information Technology, the Tanzania Communications Regulatory Authority (TCRA), and the Attorney General.
“Our client claims that the internet was intentionally shut down, violating several rights protected by the Constitution of the United Republic of Tanzania.
Specifically, the right to receive, impart, and disseminate information (Article 18), the freedom of assembly and association (Article 20(1)), and the right to participate in public affairs (Article 21(1, 2)), along with the government’s duty to uphold the constitution and the laws of the country (Article 26),” Tito explained.
He further stated that these rights are also enshrined in the African Charter on Human and Peoples’ Rights, the International Covenant on Civil and Political Rights, and the African Charter on Democracy, Elections, and Governance, as well as various declarations such as the United Nations Human Rights Council’s Resolution on the Promotion, Protection, and Enjoyment of Human Rights on the Internet, the 2017 African Declaration on Internet Rights and Freedoms, and the African Commission on Human and Peoples’ Rights’ Guidelines on Freedom of Expression in Africa.
Kumbusho, after filing the lawsuit, has called for the court to declare that the internet shutdown violated the Constitution of the United Republic of Tanzania and international treaties, thus infringing on human rights.
He also seeks an injunction to prevent the government from repeating such actions, including during the upcoming Local Government elections in 2024 and the general elections in 2025. According to lawyer Tito, the case is scheduled for its first mention before Judge David Ngunyale on July 17, 2024, at the High Court in Dar es Salaam.
Internet shutdowns have become a pervasive issue across many African nations, particularly during periods of political unrest or elections. Countries such as Uganda, the Democratic Republic of Congo (DRC), and others have witnessed similar disruptions.
These shutdowns are often implemented by governments to stifle dissent, control the flow of information, and prevent the organization of protests. In Uganda, for instance, an internet blackout was imposed during the 2021 general elections, drawing widespread condemnation from both domestic and international bodies.
The DRC experienced extensive shutdowns during its 2018 elections, severely impacting the ability of citizens to access information and communicate.
The implications of these shutdowns are far-reaching. Economically, they disrupt businesses, costing millions in revenue and damaging the credibility of the affected nations.
Socially, they sever communication links, isolating people and limiting their ability to coordinate and respond to crises. Politically, they undermine trust in the democratic process, as citizens are denied access to information that is crucial for informed voting.
Moreover, such actions violate numerous international human rights agreements, highlighting the urgent need for accountability and reform.
The lawsuit filed by Kumbusho Dawson Kagine represents a significant step towards challenging these oppressive tactics and advocating for the protection of digital rights. The outcome of this case could set a precedent not only for Tanzania but for other countries grappling with similar issues, reinforcing the imperative that governments respect the fundamental rights of their citizens in the digital age.
