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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