musa hamisi mkanga and 2 others vs godbless jonathan lema and another 2012 tzhc 64 5 april 2012

musa hamisi mkanga and 2 others vs godbless jonathan lema and another 2012 tzhc 64 5 april 2012

The petitioners, as registered voters, had locus standi under Section 111(1)(a) of the National Elections Act. The evidence established that the 1st respondent made illegal, gender-exploitative, and defamatory statements during campaign rallies, as proved in events corresponding to paragraphs 7(b) and 7(d) of the petition. Such conduct contravened Section 108(1)(a) of the National Elections Act, warranting the nullification of the 1st respondent's election. Allegations under paragraphs 7(a) and 7(c) were not sufficiently proved and were dismissed.

Citation
musa hamisi mkanga and 2 others vs godbless jonathan lema and another 2012 tzhc 64 5 april 2012
Parties
Petitioner: Musa Hamisi Mkanga; Petitioner: Agnes Gideon Mollel; Petitioner: Happy Emmanuel 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 of 1st respondent declared void; costs awarded against 1st respondent.
Legal Topics
Nullification of Election, Locus Standi in Election Petitions, Gender Discrimination in Campaigns, Defamation in Election Campaigns, Burden of Proof in Election Petitions
Source Language
English
Election Law Constitutional Law Civil Procedure Nullification of Election Locus Standi in Election Petitions Gender Discrimination in Campaigns Defamation in Election Campaigns Burden of Proof in Election Petitions

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Parties

Musa Hamisi Mkanga

Petitioner

Agnes Gideon Mollel

Petitioner

Happy Emmanuel 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 1st respondent made illegal statements exploiting gender, residence, or defaming the CCM candidate

Ratio Decidendi

The petitioners, as registered voters, had locus standi under Section 111(1)(a) of the National Elections Act. The evidence established that the 1st respondent made illegal, gender-exploitative, and defamatory statements during campaign rallies, as proved in events corresponding to paragraphs 7(b) and 7(d) of the petition. Such conduct contravened Section 108(1)(a) of the National Elections Act, warranting the nullification of the 1st respondent's election. Allegations under paragraphs 7(a) and 7(c) were not sufficiently proved and were dismissed.

Court Disposition

Petition allowed in part; election of 1st respondent declared void; costs awarded against 1st respondent.

Orders

  • The election of Godbless Jonathan Lema as Member of Parliament for Arusha Urban Constituency in the 2010 General Elections is declared void.
  • 1st respondent to pay costs to all three petitioners.