musa hamisi mkanga others vs godbless jonathan another 2012 tzhc 35 5 april 2012

musa hamisi mkanga others vs godbless jonathan another 2012 tzhc 35 5 april 2012

The petitioners, as registered voters, had locus standi. The 1st respondent was proved to have made illegal, gender-exploitative, and defamatory statements during campaign rallies, as established by credible witness testimony. Such conduct falls within the grounds for voiding an election under Section 108(1)(a) of the National Elections Act. The election of the 1st respondent is therefore declared void.

Citation
musa hamisi mkanga others vs godbless jonathan another 2012 tzhc 35 5 april 2012
Parties
Petitioner: Musa Hamisi Mkanga; Petitioner: Agnes Gidion Mollel; Petitioner: Happy Emanuel 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
Election Nullification, Gender Discrimination in Campaigns, Defamation in Elections, Locus Standi in Election Petitions
Source Language
English
Election Law Constitutional Law Civil Procedure Election Nullification Gender Discrimination in Campaigns Defamation in Elections Locus Standi in Election Petitions

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Parties

Musa Hamisi Mkanga

Petitioner

Agnes Gidion Mollel

Petitioner

Happy Emanuel 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 or making defamatory remarks

Ratio Decidendi

The petitioners, as registered voters, had locus standi. The 1st respondent was proved to have made illegal, gender-exploitative, and defamatory statements during campaign rallies, as established by credible witness testimony. Such conduct falls within the grounds for voiding an election under Section 108(1)(a) of the National Elections Act. The election of the 1st respondent is therefore declared void.

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.