19950523 TZCA Dodoma

19950523 TZCA Dodoma

The constitutional amendment (Eleventh Amendment) to Article 21(1) of the Constitution rendered the appeal academic as it nullified the High Court's declaration on independent candidacy. The respondent failed to show personal harm from section 13 of the Newspapers Act, so the claim of unconstitutionality was dismissed. There is no constitutional or legal restriction preventing the President from appointing Zanzibaris to non-Union positions on the Mainland.

Citation
19950523 TZCA Dodoma
Parties
Appellant: Attorney General; Respondent: Rev. Christopher Mtikila
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
23 May 1995
Procedural Posture
Civil Appeal / Final Appellate Judgment
Outcome
Appeal withdrawn with costs to respondent; cross-appeal dismissed with costs.
Legal Topics
Right to Stand as Independent Candidate, Freedom of Expression, Ministerial Powers Under Newspapers Act, Presidential Appointments, Separation of Powers
Source Language
English
Constitutional Law Administrative Law Right to Stand as Independent Candidate Freedom of Expression Ministerial Powers Under Newspapers Act Presidential Appointments Separation of Powers

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Parties

Attorney General

Appellant

Rev. Christopher Mtikila

Respondent

Procedural Posture

Civil Appeal / Final Appellate Judgment

Legal Issues

  1. 1 Whether the constitutional amendment nullifying independent candidacy rendered the appeal academic
  2. 2 Whether section 13 of the Newspapers Act is unconstitutional for violating freedom of expression
  3. 3 Whether the President can appoint Zanzibaris to non-Union positions on the Mainland

Ratio Decidendi

The constitutional amendment (Eleventh Amendment) to Article 21(1) of the Constitution rendered the appeal academic as it nullified the High Court's declaration on independent candidacy. The respondent failed to show personal harm from section 13 of the Newspapers Act, so the claim of unconstitutionality was dismissed. There is no constitutional or legal restriction preventing the President from appointing Zanzibaris to non-Union positions on the Mainland.

Court Disposition

Appeal withdrawn with costs to respondent; cross-appeal dismissed with costs.

Orders

  • Appeal marked withdrawn under rule 3(2)(a) and (c) of the Court of Appeal Rules, with costs to the respondent.
  • Cross-appeal dismissed with costs.