Unconstitutional provisions

When a judgment declares (a) provision(s) of a work to be unconstitutional, we can add an enrichment do the document on Indigo to reflect the same.

Step 1

Open the relevant imported document on from the work timeline.

Open the document and type the word "enrichments" at the end of the url in the address bar, and wait for the page to load again.

Step 2

Highlight the number of each provision that has been declared unconstitutional by the judgment and click the "Add unconstitutional provision" button in the margin.

If more than one provision has been declared unconstitutional, record them individually, for example paragraphs (b) and (c) in section 6 below. (Selecting both paragraphs in one go would mark the whole section as unconstitutional.)

If paragraph (b) of section 6 was declared unconstitutional.

Step 3

Fill out the form.

• the "date deemed unconstitutional" is the judgment date of the judgment making the declaration.

  
• the "end of suspension period" date is the date by which parliament is instructed in the judgment to have repealed or rectified the unconstitutional provision.

  
• the "judgment FRBR URI" is the URI of the judgment as seen on the publication website from "/akn..." to before the end on the reference to the language and date.

  

  In the example above the the judgment FRBR URI is "/akn/tz/judgment/tzca/2025/587"

• If the entire work has been declared unconstitutional, please check the box. (In this case, you can select any text at the start, it will move to the top of the page once you save.)

  
• Add text with extra detail, if relevant. This field is optional, so don't just repeat everything you've recorded in sentence form to put something here.

  • Example where the judgment is not available on the publisher website, and could therefore not be linked:

    

    "The Constitutional Court in Nathan Nandala Mafabi, Enoka Musundi, Sam Wagona and Hajji Hussein Mumenya Vs Attorney General, Constitutional Petition No. 46 of 2012 declared sections 6(3), 9, 10(6), 10(7), 17, 26(1), 28(2), 28(3), 47(1), 50, 51(2), 59(5), 59(6), 59(7) and 59(8) of the Cooperative Societies Act inconsistent with and in contravention of Articles 29(1 )(b), 29(1 )(e) and 40(2) of the Constitution and accordingly declared the sections null and void to the extent of the inconsistency."

Once they've all been added as detailed above, the work can be signed off for the unconstitutional provision details to be published online.

Step 4

Once the unconstitutionality has been resolved, that is, once the provision has been repealed or amended, you'll need to edit the form again:

• Check the "resolved" button to indicate that the issue has been resolved.

• Add the date on which the issue was resolved. This will be the commencement date of the amendment work that resolved the issue.

• Link the amendment work that resolved the issue. (It must already exist on the platform.) This part is a bit slow, try pasting in the title and wait a bit; and make sure the linked work is in the right country by checking the FRBR URI.

The updates will need to be signed off too 🙂