rashid salum adiy vs minister of constitution and legal affairs and another 2017 tzhc 2028 3 february 2017

rashid salum adiy vs minister of constitution and legal affairs and another 2017 tzhc 2028 3 february 2017

Section 34(2)(b) of the Referendum Act is unconstitutional to the extent that it allows persons not of Zanzibar origin, registered under the National Electoral Commission, to have their votes counted for Zanzibar in the referendum, which is contrary to the object and spirit of the Act and violates the right to equality before the law. The provision is vague and overbroad, failing to demarcate who should be registered to vote for Zanzibar, and must be amended to specify 'votes of Zanzibaris registered under the National Electoral Commission.'

Citation
rashid salum adiy vs minister of constitution and legal affairs and another 2017 tzhc 2028 3 february 2017
Parties
Petitioner: Rashid Salum Adiy; 1st Respondent: Minister of Constitution and Legal Affairs; 2nd Respondent: Attorney General of the United Republic of Tanzania
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
3 February 2017
Procedural Posture
Constitutional Petition / Final Judgment
Outcome
Petition allowed in part
Legal Topics
Equality Before the Law, Discrimination, Referendum Process, Right to Participate in Governance
Source Language
English
Constitutional Law Election Law Human Rights Equality Before the Law Discrimination Referendum Process Right to Participate in Governance

Case Brief

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Parties

Rashid Salum Adiy

Petitioner

Minister of Constitution and Legal Affairs

1st Respondent

Attorney General of the United Republic of Tanzania

2nd Respondent

Procedural Posture

Constitutional Petition / Final Judgment

Legal Issues

  1. 1 Whether section 34(2)(b) of the Referendum Act No. 11 of 2013 is unconstitutional for violating the right to equality before the law and being discriminatory by denying Zanzibaris fair participation in the referendum process.

Ratio Decidendi

Section 34(2)(b) of the Referendum Act is unconstitutional to the extent that it allows persons not of Zanzibar origin, registered under the National Electoral Commission, to have their votes counted for Zanzibar in the referendum, which is contrary to the object and spirit of the Act and violates the right to equality before the law. The provision is vague and overbroad, failing to demarcate who should be registered to vote for Zanzibar, and must be amended to specify 'votes of Zanzibaris registered under the National Electoral Commission.'

Court Disposition

Petition allowed in part

Orders

  • Section 34(2)(b) of the Referendum Act declared unconstitutional to the extent stated.
  • Government directed to amend section 34(2)(b) within one year to read: '(b) votes of Zanzibaris registered under the National Electoral Commission.'