NA TZHC Dar es Salaam4

NA TZHC Dar es Salaam4

Sections 119(2) and 119(3) of the National Elections Act (the 'takrima' provisions) are unconstitutional as they are discriminatory in effect, favoring high-income candidates and creating unequal treatment among citizens, thereby violating Articles 13(1), 13(2), 21(1), and 21(2) of the Constitution. The provisions fail the proportionality test, are unnecessary, and legalize acts that undermine free and fair elections. The petitioners have locus standi as public interest organizations.

Citation
NA TZHC Dar es Salaam4
Parties
Petitioner: Legal and Human Rights Centre (LHRC); Petitioner: Lawyers' Environmental Action Team (LEAT); Petitioner: National Organization for Legal Assistance (NOLA); Respondent: Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
1 January 2000
Procedural Posture
Miscellaneous Civil Cause / Judgment
Outcome
Petition allowed
Legal Topics
Equality Before the Law, Discrimination, Right to Participate in Governance, Free and Fair Elections, Public Interest Litigation, Proportionality Test
Source Language
English
Constitutional Law Election Law Human Rights Equality Before the Law Discrimination Right to Participate in Governance Free and Fair Elections Public Interest Litigation +1 more

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Parties

Legal and Human Rights Centre (LHRC)

Petitioner

Lawyers' Environmental Action Team (LEAT)

Petitioner

National Organization for Legal Assistance (NOLA)

Petitioner

Attorney General

Respondent

Procedural Posture

Miscellaneous Civil Cause / Judgment

Legal Issues

  1. 1 Whether sections 119(2) and 119(3) of the National Elections Act (the 'takrima' provisions) are unconstitutional for being discriminatory and violating the right to equality and free and fair elections.
  2. 2 Whether the petitioners have locus standi to bring the petition.
  3. 3 Whether the 'takrima' provisions violate Articles 13(1), 13(2), 21(1), and 21(2) of the Constitution.

Ratio Decidendi

Sections 119(2) and 119(3) of the National Elections Act (the 'takrima' provisions) are unconstitutional as they are discriminatory in effect, favoring high-income candidates and creating unequal treatment among citizens, thereby violating Articles 13(1), 13(2), 21(1), and 21(2) of the Constitution. The provisions fail the proportionality test, are unnecessary, and legalize acts that undermine free and fair elections. The petitioners have locus standi as public interest organizations.

Court Disposition

Petition allowed

Orders

  • Sections 119(2) and 119(3) of the National Elections Act (Cap 343 R.E. 2002) declared null and void and struck out forthwith.
  • Section 130(b) and (c) of the National Elections Act also declared unconstitutional and struck out.