20120405 TZHC Arusha 1

20120405 TZHC Arusha 1

The court found that the petitioners, as registered voters, had locus standi under the National Elections Act. The evidence established that the first respondent made illegal, gender-exploitative, and defamatory statements during the campaign, proven in several events. Such conduct falls within Section 108(1)(a) of the Act, warranting the nullification of his election.

Citation
20120405 TZHC Arusha 1
Parties
Petitioner: Musa Hamisi Mkanga; Petitioner: Agnes Gidion Mollel; Petitioner: Happy Emanuel Kivuyo; Respondent: Godbless Jonathan Lema; Respondent: The Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
5 April 2012
Procedural Posture
Election Petition / Final Judgment
Outcome
Petition allowed in part; election of first respondent declared void.
Legal Topics
Election Nullification, Gender Discrimination in Campaigns, Defamation in Elections, Locus Standi in Election Petitions
Source Language
English
Election Law Constitutional Law Civil Procedure Election Nullification Gender Discrimination in Campaigns Defamation in Elections Locus Standi in Election Petitions

Case Brief

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Parties

Musa Hamisi Mkanga

Petitioner

Agnes Gidion Mollel

Petitioner

Happy Emanuel Kivuyo

Petitioner

Godbless Jonathan Lema

Respondent

The Attorney General

Respondent

Procedural Posture

Election Petition / Final Judgment

Legal Issues

  1. 1 Whether the petitioners had locus standi to file the petition
  2. 2 Whether the petitioners were required to plead actual words uttered
  3. 3 Whether the first respondent made illegal statements exploiting gender or making defamatory remarks

Ratio Decidendi

The court found that the petitioners, as registered voters, had locus standi under the National Elections Act. The evidence established that the first respondent made illegal, gender-exploitative, and defamatory statements during the campaign, proven in several events. Such conduct falls within Section 108(1)(a) of the Act, warranting the nullification of his election.

Court Disposition

Petition allowed in part; election of first respondent declared void.

Orders

  • The election of Godbless Jonathan Lema as Member of Parliament for Arusha Urban Constituency in the 2010 General Elections is declared void.
  • First respondent to pay costs to all three petitioners.