mariam mashaka faustine others vs attorney general others 2011 tzhc 2024 15 december 2011

mariam mashaka faustine others vs attorney general others 2011 tzhc 2024 15 december 2011

Section 148(5)(a)(v) of the Criminal Procedure Act, which prohibits bail for money laundering offences, is constitutional as it serves the legitimate aims of public safety and order, passes the proportionality and necessity tests, and does not violate the right to equality before the law or judicial discretion. The Prevention and Combating of Corruption Bureau acted within its statutory mandate under the supervision of the DPP when investigating and prosecuting related offences. The petitioners’ rights were not infringed, and the statutory framework provides adequate safeguards against arbitrariness.

Citation
mariam mashaka faustine others vs attorney general others 2011 tzhc 2024 15 december 2011
Parties
Applicant: Mariam Mashaka Faustine; Applicant: Fortunatus Faustine Muganzi; Applicant: Robert Phares Mbetwa; Applicant: Dickson Hezron Maira; Applicant: Marcus Mussa Masila; Applicant: Justice Lumima Katiti; Applicant: Faraji Augustino Chambo; Applicant: Joyce Adam Mwamagembo; Applicant: Samwel John Rwenju; Applicant: Haggay Nelson Mwatomoka; Applicant: Hope George Lulandala; Respondent: Attorney General; Respondent: Director General, Prevention and Combating of Corruption Bureau
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
15 December 2011
Procedural Posture
Constitutional Petition (consolidated Miscellaneous Civil Causes) / Judgment
Outcome
Petition dismissed with costs
Legal Topics
Bail, Money Laundering, Separation of Powers, Judicial Discretion, Due Process, Mandate of Investigative Agencies
Source Language
English
Constitutional Law Criminal Law Administrative Law Bail Money Laundering Separation of Powers Judicial Discretion Due Process +1 more

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Parties

Mariam Mashaka Faustine

Applicant

Fortunatus Faustine Muganzi

Applicant

Robert Phares Mbetwa

Applicant

Dickson Hezron Maira

Applicant

Marcus Mussa Masila

Applicant

Justice Lumima Katiti

Applicant

Faraji Augustino Chambo

Applicant

Joyce Adam Mwamagembo

Applicant

Samwel John Rwenju

Applicant

Haggay Nelson Mwatomoka

Applicant

Hope George Lulandala

Applicant

Attorney General

Respondent

Director General, Prevention and Combating of Corruption Bureau

Respondent

Procedural Posture

Constitutional Petition (consolidated Miscellaneous Civil Causes) / Judgment

Legal Issues

  1. 1 Whether section 148(5)(a)(v) of the Criminal Procedure Act (CPA) denying bail for money laundering offences contravenes Article 13 of the Constitution (right to equality before the law)
  2. 2 Whether statutory prohibition of bail under section 148(5)(a)(v) of CPA ties the discretionary hands of the courts, violating Article 13(6)(a) of the Constitution
  3. 3 Whether the High Court has judicial discretion to grant bail for money laundering offences under the Basic Rights and Duties Enforcement Act

Ratio Decidendi

Section 148(5)(a)(v) of the Criminal Procedure Act, which prohibits bail for money laundering offences, is constitutional as it serves the legitimate aims of public safety and order, passes the proportionality and necessity tests, and does not violate the right to equality before the law or judicial discretion. The Prevention and Combating of Corruption Bureau acted within its statutory mandate under the supervision of the DPP when investigating and prosecuting related offences. The petitioners’ rights were not infringed, and the statutory framework provides adequate safeguards against arbitrariness.

Court Disposition

Petition dismissed with costs

Orders

  • Consolidated Miscellaneous Civil Causes No 88 and 95 of 2010 are dismissed with costs.