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Tanzania government fails to challenge ‘Mseto’ unban

What you need to know:

Mseto, a Kiswahili tabloid, was banned by the government on August 11, 2016 following an order from the then minister for Information, Youth, Culture and Sports on alleged irregularities.

Arusha. The government of Tanzania has lost an appeal at the East African Court of Justice (EACJ) for its ban on the ‘Mseto’ newspaper four years ago.

The regional Court yesterday struck out the Attorney General’s notice of appeal in a case challenging the Media Services Act. 2018 on grounds it was not filed in time.

The Appellate Division of EACJ gave its ruling of the application filed by the Media Council of Tanzania (MCT), Tanzania Human Rights Defenders Coalition (THRDC) and Legal and Human Rights Centre (LHRC).

The three applicants had previously requested the Court to strike out the notice of appeal filed by the Attorney General (AG) of Tanzania, challenging a lower court ruling to unban the newspaper.

Mseto, a Kiswahili tabloid, was banned by the government on August 11, 2016 following an order from the then minister for Information, Youth, Culture and Sports on alleged irregularities.

When ordering the ban, the minister alleged that the newspaper had published inciting and fake information contrary to section 25 of the Tanzania Newspapers Act of 1976.

But in a case filed by the three challenging the ban, the First Instance Division of EACJ in June 2018 ordered the government to immediately lift the ban on grounds of failing to establish how the publication violated the public interest.

Aggrieved by the regional Court’s decision, the AG of the United Republic of Tanzania filed a notice of appeal on 11 April, 2020 to appeal that ruling.

However, the Appellate Division ruled yesterday that the AG failed to take essential and necessary steps, including failing to file an appeal in time.

In accordance with Rule 86 of the EACJ Rules of Procedure 2013, the AG was sup-posed to file his appeal within 30 days from the date he filed a notice or intention of appeal.

“Therefore, today on 9 June, 2020 the EACJ Appellate Division delivered the ruling and struck out the Attorney General’s notice of appeal for failure to take necessary steps in filing the appeal,” the ruling reads