in re constitution of the united republic of tanzania 1977 2006 tzhc 4 24 april 2006

in re constitution of the united republic of tanzania 1977 2006 tzhc 4 24 april 2006

Sections 119(2) and 119(3) of the National Elections Act (the 'takrima' provisions) are unconstitutional as they are discriminatory in effect, advantage high-income candidates, undermine equality before the law and the right to free and fair elections, and fail the proportionality test. The petitioners, as legal persons acting in public interest, have locus standi. The petition discloses a cause of action as it challenges the constitutionality of the provisions themselves.

Citation
in re constitution of the united republic of tanzania 1977 2006 tzhc 4 24 april 2006
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
24 April 2006
Procedural Posture
Miscellaneous Civil Cause / Judgment After Written Submissions on Merits and Preliminary Objections
Outcome
Petition allowed
Legal Topics
Equality Before the Law, Discrimination, Right to Participate in Governance, Locus Standi, Proportionality Test, Corrupt Practices in Elections, Interpretation of Statutes
Source Language
English
Constitutional Law Election Law Human Rights Equality Before the Law Discrimination Right to Participate in Governance Locus Standi Proportionality Test +2 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 After Written Submissions on Merits and Preliminary Objections

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, as legal persons, have locus standi to bring the petition.
  3. 3 Whether the petition discloses a cause of action.

Ratio Decidendi

Sections 119(2) and 119(3) of the National Elections Act (the 'takrima' provisions) are unconstitutional as they are discriminatory in effect, advantage high-income candidates, undermine equality before the law and the right to free and fair elections, and fail the proportionality test. The petitioners, as legal persons acting in public interest, have locus standi. The petition discloses a cause of action as it challenges the constitutionality of the provisions themselves.

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.