quest we now revert.
To appreciate the existence of the fundamental right; a better understanding of
Clubhouse is needed. According to Paragraph 2(a) of the petition and paragraph 2 of the
affidavit in support of the petition; Clubhouse is an audio-based social media app that
allows people everywhere to talk, tell stories, develop ideas, deepen friendships, and
meet interesting new people around the world. The Petitioner stated that he relies on it to
share and receive information. He particularly states th a t he has immensely benefited
in the past in receiving updates of various information through the page of the Chief
Government Spokesperson of the government of the United Republic of Tanzania.
Since Clubhouse is used by the Petitioner to receive and disseminate information
is there a fundamental right to access it? To answer the question aforementioned; one
needs to revisit the Constitution of Tanzania; 1977, particularly, Article 18[1] and 18[2] of
the Constitution. Under the official Swahili version of the Constitution; Article 18[1] provides
thus:
B la ya kuathiri sheria za nch, kila mtu yuko huru kuwa na
maoni yoyote na kutoa nje mawazo yake, na kutafuta,
kupokea na kutoa habari na dhana zozote kupitia chombo
chochote bila ya kujali mipaka ya nchi, na pia ana uhuru wa
mawasiliano yake kutoingiliwa kati.
From the above quotation, it is undisputed that unless he is restricted by laws
of the country, the Petitioner has 3 distinct fundamental rights under Article 18[1] that is to
say, he has:
a)
Freedom of opinion and expression of his ideas;
b)
Right to seek, receive and, or disseminate information regardless of national
boundaries;
c)
Freedom to communicate without interference from his communication.
9
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