While we concur with the submission that access to Clubhouse is a fundamental right
of the Petitioner, we reiterate the position of the law that the access is not limitless. As above
demonstrated the fundamental rights may lawfully and legitimately be curtailed in certain
instances. It is also correct that the 2nd Respondent as the regulator and controller of the
cyberspace has a constitutional duty to elaborately explain why Clubhouse is restricted in
Tanzania. That constitutional duty is imposed to the 2nd Respondent by virtue of Article 13[3];
29[1] and 29[5] of the Constitution of Tanzania.
Truly, under Article
13[3] the
Respondents and
more
particularly,
the
2nd
Respondent as the state agency responsible for the regulation and control of cyberspace are
under constitutional obligation to protect the civic rights, duties and interests of every person
including protecting the fundamental rights of the Petitioner to access Clubhouse without
restriction. The imposed duty under Article 13[3] is couched thus:
The civic rights, duties and interests o f every person
and community shall be protected and determined by
the courts o f law or other state agencies established by or
under the law.
From the above quoted provision, it is uncontroversial that the 2nd Respondent, as a
state agency established under the Tanzania Communications Regulatory Authority Act
has a constitutional duty to protect amongst other things the civic rights, duties, and
interests of the Petitioner to have unrestricted access to Clubhouse.
The Petitioner's counsel submitted that having regard to the provisions of article
13[3] of the Constitution; the Second Respondent should not have abdicated [as they
appear to do through paragraph 7 of their counter affidavit] their constitutional duty to
protect the fundamental rights of the Petitioner to access Clubhouse. It is submitted that
since the 2nd Respondent was made aware through this Petition; that there exist restrictions
on access to Clubhouse; they could have asked the Clubhouse developer as to this challenge
23
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