s m z vs machano khamis ali and 17 others 2000 tzca 22 21 november 2000

s m z vs machano khamis ali and 17 others 2000 tzca 22 21 november 2000

Treason can only be committed against a sovereign. As treason is a breach of security, and security is a Union Matter under the Constitution of the United Republic of Tanzania, the sovereign is the United Republic, not the Revolutionary Government of Zanzibar. Therefore, treason cannot be committed against the Revolutionary Government of Zanzibar as if it were a separate sovereign; the High Court's ruling to the contrary is set aside.

Citation
s m z vs machano khamis ali and 17 others 2000 tzca 22 21 november 2000
Parties
Applicant: S. M. Z.; Respondents: Machano Kilamis Ali & 17 Others
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
21 November 2000
Procedural Posture
Criminal Application for Revision / Court of Appeal Judgment on Revision of High Court Ruling
Outcome
Ruling of the Deputy Chief Justice of Zanzibar set aside; no further order due to nolle prosequi entered by prosecution.
Legal Topics
Treason, Sovereignty, Union Matters, Jurisdiction, Interpretation of Constitutions
Source Language
English
Constitutional Law Criminal Law Treason Sovereignty Union Matters Jurisdiction Interpretation of Constitutions

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Parties

S. M. Z.

Applicant

Machano Kilamis Ali & 17 Others

Respondents

Procedural Posture

Criminal Application for Revision / Court of Appeal Judgment on Revision of High Court Ruling

Legal Issues

  1. 1 Whether treason can be committed against the Revolutionary Government of Zanzibar
  2. 2 Whether Zanzibar is a sovereign state for purposes of treason
  3. 3 Whether treason is a Union Matter under the Constitution of Tanzania

Ratio Decidendi

Treason can only be committed against a sovereign. As treason is a breach of security, and security is a Union Matter under the Constitution of the United Republic of Tanzania, the sovereign is the United Republic, not the Revolutionary Government of Zanzibar. Therefore, treason cannot be committed against the Revolutionary Government of Zanzibar as if it were a separate sovereign; the High Court's ruling to the contrary is set aside.

Court Disposition

Ruling of the Deputy Chief Justice of Zanzibar set aside; no further order due to nolle prosequi entered by prosecution.

Orders

  • Ruling of the learned Deputy Chief Justice of Zanzibar is set aside.
  • No further order is made in view of the nolle prosequi.