safely be stated that the Government can communicate with the public via electronic
means including social media such as the Clubhouse. The same is lawful as per the eGovernment Act and will be regarded as official communication. Considering the above law,
although the issue of government using the Clubhouse has divided the parties, it is our
conclusion that the government of the United Republic of Tanzania through the Office of
Chief Government Spokesperson indeed uses the Clubhouse.
While the Petitioner alleges that the government is using audio social media
Clubhouse to reach out to Tanzanians, the Respondents have unsuccessfully denied such
allegation. That is because the evidence given shows that like other social media platforms,
the government is using the Clubhouse. The Government Spokesperson as well as the
Minister of Information, Communication and Information Technology and others use the
Clubhouse. We again do not think that it would be illegal for the Government to use the
Clubhouse or other social media considering that the e-Government Act has legalised the
use of electronic means for the delivery of public service. The Respondents' denial is thus
unfounded. In the end, we find that the government is indeed using the Clubhouse to
communicate with the citizens. However, the government's use of the Clubhouse as a
communication channel may be informal for there is no evidence given that there is a law or
instrument sanctioning its use as an official communication means for the Government.
Despite that, the first issue is thus answered in the affirmative because the question was
whether the Government of Tanzania uses the Clubhouse. It was not the issue of the same
being formal or informal communication channel.
Turning to the 2nd issue whether access to the Clubhouse is a fundamental
right of the Petitioner, this too divided the Petitioner and the Respondents. Through his
petition the Petitioner asserted that he has fundamental rights under the Constitution of
the United Republic of Tanzania and at international law to access Clubhouse. The
Respondents have conceded that the rights exist. But they are not absolute. It is to this
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