20071012 TZHC Biharamulo

20071012 TZHC Biharamulo

The court found that the 1st respondent made defamatory and scurrilous statements against the petitioner at campaign rallies, which were not justified or excusable and amounted to illegal conduct affecting the fairness of the election. The magnitude and content of the statements, made to large audiences and imputing criminal conduct, were deemed to have adversely affected the petitioner's campaign. The court held that such conduct, even if not expressly listed in the National Elections Act, could void an election under constitutional principles and prior case law. The election was therefore declared void.

Citation
20071012 TZHC Biharamulo
Parties
Petitioner: Choya Anatory Kasazi; 1st Respondent: Kashemeza Phares Kabuye; 2nd Respondent: The Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
12 October 2007
Procedural Posture
Election Petition / Judgment
Outcome
Petition allowed. Election declared void.
Legal Topics
Election Petitions, Defamatory Statements in Campaigns, Grounds for Avoiding Election Results, Interpretation of National Elections Act, Constitutional Compliance in Elections
Source Language
English
Election Law Defamation Constitutional Law Election Petitions Defamatory Statements in Campaigns Grounds for Avoiding Election Results Interpretation of National Elections Act Constitutional Compliance in Elections

Case Brief

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Parties

Choya Anatory Kasazi

Petitioner

Kashemeza Phares Kabuye

1st Respondent

The Attorney General

2nd Respondent

Procedural Posture

Election Petition / Judgment

Legal Issues

  1. 1 Whether the 1st respondent or his agents attacked the petitioner's vehicle and obstructed supporters.
  2. 2 Whether the 1st respondent made defamatory statements against the petitioner during campaigns.
  3. 3 Whether the 1st respondent made false allegations regarding misappropriation of funds and other misconduct.

Ratio Decidendi

The court found that the 1st respondent made defamatory and scurrilous statements against the petitioner at campaign rallies, which were not justified or excusable and amounted to illegal conduct affecting the fairness of the election. The magnitude and content of the statements, made to large audiences and imputing criminal conduct, were deemed to have adversely affected the petitioner's campaign. The court held that such conduct, even if not expressly listed in the National Elections Act, could void an election under constitutional principles and prior case law. The election was therefore declared void.

Court Disposition

Petition allowed. Election declared void.

Orders

  • The election of Kashemeza Phares Kabuye as Member of Parliament for Biharamulo West Constituency is declared void.
  • Costs awarded to the petitioner, to be taxed.