musa hamisi mkanga others vs godbless jonathan lema another 2012 tzhc 34 5 april 2012

musa hamisi mkanga others vs godbless jonathan lema another 2012 tzhc 34 5 april 2012

The court found that the petitioners, as registered voters, had locus standi under the National Elections Act. The evidence established that the first respondent made illegal, gender-exploitative, and defamatory statements during campaign rallies, which under Section 108(1)(a) of the Act sufficed to void the election. The petitioners were not required to plead the actual words verbatim, as sufficient facts were pleaded and previously ruled upon. The court dismissed allegations based on residence and religion but upheld those based on gender exploitation and defamation.

Citation
musa hamisi mkanga others vs godbless jonathan lema another 2012 tzhc 34 5 april 2012
Parties
Petitioner: Musa Hamisi Mkanga; Petitioner: Agnes Gidion Mollel; Petitioner: Happy Emanuel Kivuyo; Respondent: Godbless Jonathan Lema; Respondent: The Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
5 April 2012
Procedural Posture
Election Petition / Final Judgment
Outcome
petition allowed in part; election declared void
Legal Topics
Election Nullification, Gender Discrimination in Campaigns, Defamation in Elections, Locus Standi in Election Petitions
Source Language
English
Election Law Constitutional Law Civil Procedure Election Nullification Gender Discrimination in Campaigns Defamation in Elections 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 the actual words allegedly uttered
  3. 3 Whether the first respondent made illegal statements exploiting gender and making defamatory remarks during campaign rallies

Ratio Decidendi

The court found that the petitioners, as registered voters, had locus standi under the National Elections Act. The evidence established that the first respondent made illegal, gender-exploitative, and defamatory statements during campaign rallies, which under Section 108(1)(a) of the Act sufficed to void the election. The petitioners were not required to plead the actual words verbatim, as sufficient facts were pleaded and previously ruled upon. The court dismissed allegations based on residence and religion but upheld those based on gender exploitation and defamation.

Court Disposition

petition allowed in part; election 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.
  • Respondent No.1 is condemned to pay costs to all three petitioners.