legal and human rights centre lhrc others vs attorney general 2006 tzhc 66 30 june 2006

legal and human rights centre lhrc others vs attorney general 2006 tzhc 66 30 june 2006

Sections 98(2) and 98(3) of the Electoral Law (Miscellaneous Amendment) Act 4/2000 are unconstitutional as they are unnecessary, unreasonable, discriminatory, arbitrary, and fail the proportionality test, thereby violating the constitutional rights to equality before the law and to free and fair elections.

Citation
legal and human rights centre lhrc others vs attorney general 2006 tzhc 66 30 june 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
30 June 2006
Procedural Posture
Constitutional Petition / Judgment
Outcome
petition allowed
Legal Topics
Constitutionality of Electoral Law Amendments, Right to Equality Before the Law, Right to Free and Fair Elections, Public Interest Litigation, Locus Standi
Source Language
English
Constitutional Law Election Law Human Rights Constitutionality of Electoral Law Amendments Right to Equality Before the Law Right to Free and Fair Elections Public Interest Litigation Locus Standi

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 14 Party arguments 2
Sign in to unlock

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

Constitutional Petition / Judgment

Legal Issues

  1. 1 Whether sections 98(2) and 98(3) of the Electoral Law (Miscellaneous Amendment) Act 4/2000 are unconstitutional for violating Articles 13(1)(2), 21(1)(2), and 29(1) of the Constitution
  2. 2 Whether the petitioners have locus standi to bring the petition
  3. 3 Whether the impugned provisions encourage corruption and undermine free and fair elections

Ratio Decidendi

Sections 98(2) and 98(3) of the Electoral Law (Miscellaneous Amendment) Act 4/2000 are unconstitutional as they are unnecessary, unreasonable, discriminatory, arbitrary, and fail the proportionality test, thereby violating the constitutional rights to equality before the law and to free and fair elections.

Court Disposition

petition allowed

Orders

  • Sections 98(2) and 98(3) of the Electoral Law (Miscellaneous Amendment) Act 4/2000 declared unconstitutional
  • Preliminary objections by respondent dismissed