legal and human rights centre lhrc others vs attorney general 3 mihayo j 2006 tzhc 3 24 april 2006

legal and human rights centre lhrc others vs attorney general 3 mihayo j 2006 tzhc 3 24 april 2006

Sections 98(2) and 98(3) of the Electoral Law (Miscellaneous Amendment) Act 4/2000 ('takrima' provisions) are unconstitutional as they are discriminatory, unnecessary, and violate Articles 13(1), 13(2), and 21(1) and (2) of the Constitution. The petitioners have locus standi, and the petition discloses a cause of action.

Citation
legal and human rights centre lhrc others vs attorney general 3 mihayo j 2006 tzhc 3 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
Constitutional Petition / Judgment
Outcome
petition allowed in part; preliminary objections dismissed; impugned provisions struck out; no order as to costs
Legal Topics
Locus Standi, Discrimination, Constitutionality of Statutes, Election Offences, Proportionality Test
Source Language
English
Constitutional Law Election Law Human Rights Locus Standi Discrimination Constitutionality of Statutes Election Offences Proportionality Test

Case Brief

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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

Constitutional Petition / Judgment

Legal Issues

  1. 1 Whether sections 98(2) and 98(3) of the Electoral Law (Miscellaneous Amendment) Act 4/2000 ('takrima' provisions) are unconstitutional
  2. 2 Whether the petitioners have locus standi to bring the petition
  3. 3 Whether the petition discloses a cause of action

Ratio Decidendi

Sections 98(2) and 98(3) of the Electoral Law (Miscellaneous Amendment) Act 4/2000 ('takrima' provisions) are unconstitutional as they are discriminatory, unnecessary, and violate Articles 13(1), 13(2), and 21(1) and (2) of the Constitution. The petitioners have locus standi, and the petition discloses a cause of action.

Court Disposition

petition allowed in part; preliminary objections dismissed; impugned provisions struck out; no order as to costs

Orders

  • Sections 98(2) and 98(3) of the Electoral Law (Miscellaneous Amendment) Act 4/2000 are struck out as unconstitutional.
  • Each party to bear their own costs.