20120405 TZHA Arusha

20120405 TZHA Arusha

The court found that the petitioners, as registered voters, had statutory locus standi to file the petition. It was proved to the satisfaction of the court that the first respondent made illegal statements exploiting gender differences and making scandalous, defamatory remarks against the CCM candidate during campaign rallies. These acts contravened Section 108(1)(a) of the National Elections Act, warranting the nullification of the first respondent's election as Member of Parliament for Arusha Urban Constituency.

Citation
20120405 TZHA Arusha
Parties
Petitioner: Musa Hamisi Mkanga; Petitioner: Agnes Gidion Mollel; Petitioner: Happy Emanuel Kivuyo; Respondent: Godbless Jonathan Lema; Respondent: The Attorney General
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
5 April 2012
Procedural Posture
Election Petition / Final Judgment
Outcome
Petition allowed in part; election of first respondent declared void.
Legal Topics
Election Nullification, Gender Discrimination in Elections, Defamation in Political Campaigns, Locus Standi in Election Petitions
Source Language
English
Election Law Constitutional Law Civil Procedure Election Nullification Gender Discrimination in Elections Defamation in Political Campaigns Locus Standi in Election Petitions

Case Brief

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Parties

Musa Hamisi Mkanga

Petitioner

Agnes Gidion Mollel

Petitioner

Happy Emanuel Kivuyo

Petitioner

Godbless Jonathan Lema

Respondent

The Attorney General

Respondent

Procedural Posture

Election Petition / Final Judgment

Legal Issues

  1. 1 Whether the petitioners had locus standi to file the petition
  2. 2 Whether the petitioners were required to plead actual words allegedly uttered
  3. 3 Whether the first respondent made illegal statements exploiting gender or making defamatory remarks during campaign rallies

Ratio Decidendi

The court found that the petitioners, as registered voters, had statutory locus standi to file the petition. It was proved to the satisfaction of the court that the first respondent made illegal statements exploiting gender differences and making scandalous, defamatory remarks against the CCM candidate during campaign rallies. These acts contravened Section 108(1)(a) of the National Elections Act, warranting the nullification of the first respondent's election as Member of Parliament for Arusha Urban Constituency.

Court Disposition

Petition allowed in part; election of first respondent declared void.

Orders

  • The election of Godbless Jonathan Lema as Member of Parliament for Arusha Urban Constituency in the 2010 General Elections is declared void.
  • First respondent is condemned in costs to be paid to all three petitioners.