mariam mashaka faustine others vs attorney general another 2011 tzhc 2050 15 december 2011

mariam mashaka faustine others vs attorney general another 2011 tzhc 2050 15 december 2011

Section 148(5)(a)(v) of the CPA, which prohibits bail for money laundering offences, is constitutional as it serves the legitimate public interest of defence, public safety, and public order, passes the proportionality and non-arbitrariness tests, and does not violate the presumption of innocence or separation of powers. The PCCB acted within its statutory mandate under the supervision of the DPP, and the petitioners’ rights were not infringed.

Citation
mariam mashaka faustine others vs attorney general another 2011 tzhc 2050 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, Separation of Powers, Presumption of Innocence, Judicial Discretion, Mandate of Investigative Agencies, Money Laundering, Due Process
Source Language
English
Constitutional Law Criminal Law Administrative Law Bail Separation of Powers Presumption of Innocence Judicial Discretion Mandate of Investigative Agencies +2 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), which prohibits bail for money laundering offences, contravenes Article 13 of the Constitution guaranteeing equality before the law and presumption of innocence.
  2. 2 Whether the statutory prohibition of bail ties the discretionary hands of the judiciary, violating the separation of powers under 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 CPA, which prohibits bail for money laundering offences, is constitutional as it serves the legitimate public interest of defence, public safety, and public order, passes the proportionality and non-arbitrariness tests, and does not violate the presumption of innocence or separation of powers. The PCCB acted within its statutory mandate under the supervision of the DPP, and the petitioners’ rights were not infringed.

Court Disposition

Petition dismissed with costs.

Orders

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