20001030 TZCA Dar es Salaam

uutj .u'tod tic uoisiwqns $ewoo xepi9uO3 I bTJnoL O opeo O. 0t 'tm I tXTpU3G.XCpttfl p!rE. eMOtfl p.xoM otiq jo, suitrew aPT-M aqq pirtw trt Suixaoq 4nq 'uot99nuqn 4 bT;o ° .xwuT eo.io -;' 'aWOS oe uo I *aqT,-3OAPla üe se ueezeMq4 Jj4 Jo SuTpue4siopun pwa a2paTmoml aq4 o1 a;ine.x SJ0q4L0 et 'uot9twqns sptxoz; poUJeI S. eq. i'q.uOo £q.qq. peq.;twqnG 'ewotow Iw "tx uj ;e -tijeq J . O 2ja4qutu axe esotfl. 'uetp4 "trtpUq.GJCUfl pm o9paTmouN 9,4u9uodap etjq LTiqqTm eq o4 pi$ aa-e gaaqq.iau eor.{q. tpçj OTq. JO fl3 UOtq.IottJA GUq. Ut acJ flDO eAtq.OeJOp. ex ) 'eq.EoOAp tr 'tU81eZet4q °Aq uot q.tM?ptJJ eqq. JO 9.PU (3) ptr svavd tq pwqn eu 'q.xtj 'uotq.oeCqo Lrttirurtied por.x () 'ieptocIex aqq. io; TagunOO 'bIJUoW 'utxtetT xo; uO peo xoq..xeo TO JepJo JOJ Jdthe oq. 4tI3ddV alp uetj °snwpuw ptni o4 eAeq q.UJ oq. BuTmjai .zqtzuçj0 q.inoj t1TH eLq. JO uot$Toep q.ntt 4anoo ST114 o4 ieddizi o4 e - ei iOJ upt 0 -1 -[Cldle Lre 2T GITU UN IIfl H OOOJ0 , ° N UOt3tTddV hAlo LIT 000 'eqOq.00 JO iZp t4 etq. peq.p - (f •y 'r3j1cJ eqTIw) (.xeqtzu JO qmoo 'TH etq. Jo SUTTna et4 taO..IJ turzu JO edd 1 T ,o qJn 00 '4 tE3dd eq. eei JOJ UOTq.OtTddy) 1NaNOdUaH °"""°"°. NOIS9]JWOD HOJDIT.{ HVIZNV 'NVWHIVHO (11W .vorIdCw 0 oorMvaIraIfwvTIIvN fqasAllag 000 cO ON NOIVDI'IddV rfl]3 .ZNZ wmvs .a va 1v YI4VZITV1 .O tIViidW '10 -JUfl03 ¶a NI- -2- sufficient merit to justify refusing declaring Mr0 Mbwezeleni's affidavit as fatally defective0 Since Mr. Mbwezeleni is available in Court, for cross-examination, I will be prepared to give Mr. Toufiq opportunity to cross-examine him. Bearing in mind the gravity of the issues raised in the dispute before this Court, I think that that step would adequately serve the interestsf jutice. I turn now to the second point raised by Mr0 Toufiq. The learned advocate submitted that the application now before this Court has been overtaken by events, the Presidential election in Zanzibar having taken place yesterday. I think I can deal with this argument very briefly. It is true that the question of the right of the applicant to participate in that election as a candidate was one of the issues which the applicant wanted to raise before the High Court of Zanzibar, but, in my opinion, the pivotal issue was whether, as decided by the Zanzibar Electoral Commission, the applicant was still a member of OUF. The applicant thought she could satisfy the High Court that she had ceased to belong to CUP and now was a member of NCCR. Since that issue cannot be said to be buried by the fact that the Presidential Ilect ion has already taken place, it must be correct, as was contended by Mr. Mehome, that the question which party inlaw the applicant now belongs to is a live issue. For the reasons I have given, albeit briefly, I find no merit in the preliminary objection which Iaccordingly dismiss. Having so ruled, I will now proceed to hear the application before me. Touf: I do not oppose the application for leave to arpeaL, Mr,Mchome: In view of the stand taken by the respondent's counsel, I pray that leave to appeal to this Court be granted. I am not demanding costs. e0./3 -3- Court: The application for leave to appeal to this Court, which is not opposed by Mr. Toufiq, counsel for the respondent, is hereby granted. The papers placed before would appear to raise a number of legal questions, including these questions (1) whether a membership of a political party can in law be iposed on a person; and (2) whether 9 assuming this Court has power to interpret the Constitution of Zanzibar above the law in that it appears to put it out of the supervisory jurisdiction of the High Court, Bearing in mind what has been stated by Mr. Mchome, counsel for the Applicant, I make V no order as to costs DATED at DAR-ES-SALAAM this 30th day of October, 2000, B. A. SAMAPTA CHIEF JUSTICE c TTrt'f%>\t this is a true copy of the original. It" \.)\\ ( A O G,M1APIJA ) DEPUTY_REGISTRAR