amy p kibatala vs attorney general another 2015 tzhc 4 27 october 2015

amy p kibatala vs attorney general another 2015 tzhc 4 27 october 2015

Section 104(1) of the National Elections Act prohibits any meeting on election day regardless of distance from polling stations, and restricts wearing or displaying emblems within 200 metres. The statute does not confer a right on voters or interested persons to stay beyond 200 metres from polling stations to monitor the electoral process. Only persons expressly permitted under section 72(1) may be present in the vicinity of polling or counting stations. The impugned prohibitions are legitimate and enacted pursuant to the Constitution.

Citation
amy p kibatala vs attorney general another 2015 tzhc 4 27 october 2015
Parties
Petitioner: Amy P Kibatala; 1st Respondent: The Attorney General; 2nd Respondent: Director of Elections, National Electoral Commission of the United Republic of Tanzania
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
27 October 2015
Procedural Posture
Miscellaneous Civil Cause (constitutional Petition) / Judgment
Outcome
Petition partially succeeds; main reliefs denied.
Legal Topics
Statutory Interpretation, Electoral Offences, Right to Vote, Freedom of Assembly, Judicial Review
Source Language
English
Constitutional Law Election Law Administrative Law Statutory Interpretation Electoral Offences Right to Vote Freedom of Assembly Judicial Review

Case Brief

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Parties

Amy P Kibatala

Petitioner

The Attorney General

1st Respondent

Director of Elections, National Electoral Commission of the United Republic of Tanzania

2nd Respondent

Procedural Posture

Miscellaneous Civil Cause (constitutional Petition) / Judgment

Legal Issues

  1. 1 Whether section 104(1) of the National Elections Act prohibits voters from staying beyond 200 metres from polling stations during elections.
  2. 2 Whether voters have a constitutional right to stay orderly beyond 200 metres from polling stations to monitor the electoral process.
  3. 3 Whether the directives of the National Electoral Commission and the President's statements violate constitutional rights.

Ratio Decidendi

Section 104(1) of the National Elections Act prohibits any meeting on election day regardless of distance from polling stations, and restricts wearing or displaying emblems within 200 metres. The statute does not confer a right on voters or interested persons to stay beyond 200 metres from polling stations to monitor the electoral process. Only persons expressly permitted under section 72(1) may be present in the vicinity of polling or counting stations. The impugned prohibitions are legitimate and enacted pursuant to the Constitution.

Court Disposition

Petition partially succeeds; main reliefs denied.

Orders

  • No declaration that voters have a right to stay beyond 200 metres from polling stations.
  • No order as to costs.