restricted in Tanzania.
The petitioner has spent quite a while on this issue trying to demonstrate that the
1st Respondent has a statutory and constitutional duty to ensure that Clubhouse is
available and accessible without restriction. We insist that the right of access to any
application is not without limitation. It is not absolute. There are instances where lawful
restriction is allowed. The key issue in this case is whether the 2nd respondent has restricted
access to the Clubhouse. It is our finding that the issue of restriction of Clubhouse has not
been proved. Hence, this issue has been answered in the negative.
Whether Clubhouse access restriction is justifiable is the next issue for
analysis. Although that is appealing, it may amount to starting with the wrong footing.
Therefore, before responding to that issue, we must answer the critical question of whether
in the first place, the Clubhouse is restricted in Tanzania. We already held that access to the
Clubhouse is a fundamental right of the Petitioner. However, such right has limits. It can be
restricted but the restriction must be justifiable under the provisions of Article 30[2] of the
CURT. This article provides the following justification for derogations in the enjoyment of
fundamental human rights:
It is hereby declared that the provisions contained in this
Part o f this Constitution which set out the principles o f
rights, freedom and duties, does not render unlawful any
existing law or prohibit the enactment o f any law or the
doing o f any lawful act in accordance with such law for
the purposes o f (a) ensuring that the rights and freedoms
o f other people or o f the interests o f the public are not
prejudiced by the wrongful exercise o f the freedoms and
rights o f individuals; (b) ensuring the defence, public
safety, public peace, public
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morality, public health,
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