mtikila vs attorney general 2006 tzhc 5 5 may 2006

mtikila vs attorney general 2006 tzhc 5 5 may 2006

The amendments to Articles 21(1), 39(1)(c), and 67(1)(b) of the Constitution, introduced by Act No. 34 of 1994, unreasonably and unnecessarily restrict the fundamental right of Tanzanian citizens to participate in government by requiring political party membership for presidential and parliamentary candidacy. These restrictions violate Articles 20(4) and 21(1) of the Constitution, fail the proportionality test, and are not justified by public interest or international law. The amendments are therefore unconstitutional and void.

Citation
mtikila vs attorney general 2006 tzhc 5 5 may 2006
Parties
Petitioner: Christopher Mtikila; Respondent: Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
5 May 2006
Procedural Posture
Constitutional Petition / Final Judgment
Outcome
petition allowed
Legal Topics
Right to Political Participation, Independent Candidacy, Constitutional Amendments, Proportionality Test, International Human Rights Instruments
Source Language
English
Constitutional Law Human Rights Law Election Law Right to Political Participation Independent Candidacy Constitutional Amendments Proportionality Test International Human Rights Instruments

Case Brief

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Parties

Christopher Mtikila

Petitioner

Attorney General

Respondent

Procedural Posture

Constitutional Petition / Final Judgment

Legal Issues

  1. 1 Whether the amendments to Articles 21(1), 39(1)(c), and 67(1)(b) of the Constitution introduced by Act No. 34 of 1994 are unconstitutional
  2. 2 Whether the said amendments meet the proportionality test
  3. 3 Whether the amendments contravene international human rights instruments ratified by Tanzania

Ratio Decidendi

The amendments to Articles 21(1), 39(1)(c), and 67(1)(b) of the Constitution, introduced by Act No. 34 of 1994, unreasonably and unnecessarily restrict the fundamental right of Tanzanian citizens to participate in government by requiring political party membership for presidential and parliamentary candidacy. These restrictions violate Articles 20(4) and 21(1) of the Constitution, fail the proportionality test, and are not justified by public interest or international law. The amendments are therefore unconstitutional and void.

Court Disposition

petition allowed

Orders

  • Amendments to Articles 21(1), 39(1)(c), and 67(1)(b) introduced by Act No. 34 of 1994 declared unconstitutional and void.
  • It is lawful for private (independent) candidates to contest for President and Member of Parliament alongside party-nominated candidates.