legal and human rights centre lhrc others vs attornery general 2006 tzhc 76 5 may 2006

legal and human rights centre lhrc others vs attornery general 2006 tzhc 76 5 may 2006

The 'takrima' provisions are discriminatory, unnecessary, and violate constitutional rights to equality and participation in public affairs. Organizations have locus standi to bring constitutional petitions. The impugned provisions are null and void and must be struck out.

Citation
legal and human rights centre lhrc others vs attornery general 2006 tzhc 76 5 may 2006
Parties
Petitioner: Legal and Human Rights Centre (LHRC); Petitioner: Lawyers’ Environmental Action Team (LEAT); Petitioner: National Organization for Legal Assistance (NOLA); Respondent: The Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
5 May 2006
Procedural Posture
Miscellaneous Civil Cause / Judgment on Preliminary Objections and Merits
Outcome
Petition allowed. Preliminary objections dismissed. Impugned provisions declared null and void.
Legal Topics
Locus Standi, Discrimination, Constitutional Rights, Electoral Law, Takrima Provisions
Source Language
English
Constitutional Law Election Law Human Rights Locus Standi Discrimination Constitutional Rights Electoral Law Takrima Provisions

Case Brief

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Parties

Legal and Human Rights Centre (LHRC)

Petitioner

Lawyers’ Environmental Action Team (LEAT)

Petitioner

National Organization for Legal Assistance (NOLA)

Petitioner

The Attorney General

Respondent

Procedural Posture

Miscellaneous Civil Cause / Judgment on Preliminary Objections and Merits

Legal Issues

  1. 1 Whether organizations have locus standi to bring constitutional petitions
  2. 2 Whether the 'takrima' provisions in the National Elections Act are unconstitutional for being discriminatory

Ratio Decidendi

The 'takrima' provisions are discriminatory, unnecessary, and violate constitutional rights to equality and participation in public affairs. Organizations have locus standi to bring constitutional petitions. The impugned provisions are null and void and must be struck out.

Court Disposition

Petition allowed. Preliminary objections dismissed. Impugned provisions declared null and void.

Orders

  • Sections 98(2) and 98(3) of the Electoral Law (Miscellaneous Amendment) Act 4/2000 and related provisions struck out of the National Elections Act.
  • Each party to bear their own costs.