joran lwehabura bashange vs the chairman of national electoral commission and another 2021 tzhc 6745 20 october 2021

joran lwehabura bashange vs the chairman of national electoral commission and another 2021 tzhc 6745 20 october 2021

Whether a petition is frivolous or vexatious is a matter of fact requiring evidence and cannot be determined as a pure point of law through a preliminary objection. The objection raised does not meet the threshold for a preliminary objection and is therefore dismissed.

Citation
joran lwehabura bashange vs the chairman of national electoral commission and another 2021 tzhc 6745 20 october 2021
Parties
Petitioner: Joran Lwehabura Bashange; 1st Respondent: Chairman of National Electoral Commission; 2nd Respondent: Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
20 October 2021
Procedural Posture
Miscellaneous Civil Cause (constitutional Petition) / Ruling on Preliminary Objection
Outcome
Preliminary objection dismissed
Legal Topics
Constitutionality of Election Laws, Right to Vote, Preliminary Objections, Standing, International Human Rights Instruments
Source Language
English
Constitutional Law Election Law Human Rights Law Constitutionality of Election Laws Right to Vote Preliminary Objections Standing International Human Rights Instruments

Case Brief

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Parties

Joran Lwehabura Bashange

Petitioner

Chairman of National Electoral Commission

1st Respondent

Attorney General

2nd Respondent

Procedural Posture

Miscellaneous Civil Cause (constitutional Petition) / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the petition is frivolous, vexatious, or an abuse of court process under section 8(2) of the Basic Rights and Duties Enforcement Act
  2. 2 Whether the petition lacks particulars of facts as required by section 6(e) of the Basic Rights and Duties Enforcement Act
  3. 3 Whether the High Court has jurisdiction to declare local legislation unconstitutional for contravening international human rights instruments

Ratio Decidendi

Whether a petition is frivolous or vexatious is a matter of fact requiring evidence and cannot be determined as a pure point of law through a preliminary objection. The objection raised does not meet the threshold for a preliminary objection and is therefore dismissed.

Court Disposition

Preliminary objection dismissed

Orders

  • Preliminary objection dismissed
  • No order as to costs