paul revocatus kaunda vs the speaker of national assembly and others 2020 tzhc 4758 3 june 2020

paul revocatus kaunda vs the speaker of national assembly and others 2020 tzhc 4758 3 june 2020

The petition is not a pure constitutional issue but concerns procedural and evidentiary matters regarding the Speaker's exercise of statutory duty under section 37(3) of the Elections Act. Since statutory remedies exist under Article 83(1)(b), the constitutional petition is inappropriate, frivolous, and vexatious.

Citation
paul revocatus kaunda vs the speaker of national assembly and others 2020 tzhc 4758 3 june 2020
Parties
Petitioner: Paul Revocatus Kaunda; 1st Respondent: The Speaker of the National Assembly; 2nd Respondent: Mr. Cecil David Mwambe; 3rd Respondent: The Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
3 June 2020
Procedural Posture
Constitutional Petition / Ruling on Preliminary Objections
Outcome
petition struck out
Legal Topics
Locus Standi, Parliamentary Privileges, Constitutional Enforcement, Procedure for Declaring Parliamentary Seat Vacant, Public Interest Litigation
Source Language
English
Constitutional Law Parliamentary Law Locus Standi Parliamentary Privileges Constitutional Enforcement Procedure for Declaring Parliamentary Seat Vacant Public Interest Litigation

Case Brief

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Parties

Paul Revocatus Kaunda

Petitioner

The Speaker of the National Assembly

1st Respondent

Mr. Cecil David Mwambe

2nd Respondent

The Attorney General

3rd Respondent

Procedural Posture

Constitutional Petition / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the petitioner has locus standi under Article 26(2) of the Constitution
  2. 2 Whether the High Court has jurisdiction in light of Article 100(1) of the Constitution and parliamentary privileges
  3. 3 Whether the petition is maintainable under the Basic Rights and Duties Enforcement Act (BRADEA)

Ratio Decidendi

The petition is not a pure constitutional issue but concerns procedural and evidentiary matters regarding the Speaker's exercise of statutory duty under section 37(3) of the Elections Act. Since statutory remedies exist under Article 83(1)(b), the constitutional petition is inappropriate, frivolous, and vexatious.

Court Disposition

petition struck out

Orders

  • petition struck out with no order as to costs