tanzania audio visual disributors association others vs honourable attorney general others 2018 tzhc 2937 27 march 2018

tanzania audio visual disributors association others vs honourable attorney general others 2018 tzhc 2937 27 march 2018

The court found that neither Regulation 4(1) nor 23 of the Films and Music Products (Tax Stamps) Regulations imposes compulsory membership with the 2nd respondent as a condition for licensing or tax stamps. The petitioners failed to provide sufficient particulars or evidence of compulsory membership being a regulatory requirement. Therefore, no constitutional rights were infringed by the Regulations or the respondents' actions.

Citation
tanzania audio visual disributors association others vs honourable attorney general others 2018 tzhc 2937 27 march 2018
Parties
Petitioner: Tanzania Audio Visual Distributors Association; Petitioner: Shirika la Kutetea Haki za Wasanii Tanzania; Petitioner: Jackline Aringo Odhiambo alias Jack Akinyi; Respondent: Honourable Attorney General; Respondent: Copyright Society of Tanzania; Respondent: Tanzania Revenue Authority
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
27 March 2018
Procedural Posture
Constitutional Petition / Final Judgment
Outcome
petition dismissed
Legal Topics
Freedom of Association, Right to Work, Copyright Regulation, Tax Stamps, Licensing Requirements
Source Language
English
Constitutional Law Administrative Law Intellectual Property Freedom of Association Right to Work Copyright Regulation Tax Stamps Licensing Requirements

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Parties

Tanzania Audio Visual Distributors Association

Petitioner

Shirika la Kutetea Haki za Wasanii Tanzania

Petitioner

Jackline Aringo Odhiambo alias Jack Akinyi

Petitioner

Honourable Attorney General

Respondent

Copyright Society of Tanzania

Respondent

Tanzania Revenue Authority

Respondent

Procedural Posture

Constitutional Petition / Final Judgment

Legal Issues

  1. 1 Whether the Films and Music Products (Tax Stamps) Regulations impose compulsory membership with the Copyright Society of Tanzania as a condition for licensing and tax stamps
  2. 2 Whether such compulsory membership violates Article 20(4) (freedom of association), Article 22(1) and Article 23(1)-(2) (right to work and remuneration) of the Constitution
  3. 3 Whether the acts of the respondents are ultra vires the Copyright and Neighbouring Rights Act

Ratio Decidendi

The court found that neither Regulation 4(1) nor 23 of the Films and Music Products (Tax Stamps) Regulations imposes compulsory membership with the 2nd respondent as a condition for licensing or tax stamps. The petitioners failed to provide sufficient particulars or evidence of compulsory membership being a regulatory requirement. Therefore, no constitutional rights were infringed by the Regulations or the respondents' actions.

Court Disposition

petition dismissed

Orders

  • Each party to bear its own costs