christopher mtikila vs attorney general 2006 tzhc 126 5 may 2006

christopher mtikila vs attorney general 2006 tzhc 126 5 may 2006

The amendments to Articles 21(1), 39(1)(c), and 67(1)(b) of the Constitution, introduced by Act No. 34 of 1994, which restrict candidacy for president and member of parliament to members of political parties only, are unconstitutional as they violate the fundamental rights to freedom of association and participation in government under Articles 20(4) and 21(1). The state failed to justify the necessity and proportionality of these restrictions, and the amendments also contravene international human rights instruments to which Tanzania is a party.

Citation
christopher mtikila vs attorney general 2006 tzhc 126 5 may 2006
Parties
Petitioner: Christopher M. Mtikila; Respondent: The Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
5 May 2006
Procedural Posture
Miscellaneous Civil Cause (constitutional Petition) / Judgment
Outcome
Petition allowed. Amendments declared unconstitutional.
Legal Topics
Right to Political Participation, Freedom of Association, Constitutional Amendments, Proportionality Test, International Human Rights Instruments
Source Language
English
Constitutional Law Human Rights Law Election Law Right to Political Participation Freedom of Association Constitutional Amendments Proportionality Test International Human Rights Instruments

Case Brief

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Parties

Christopher M. Mtikila

Petitioner

The Attorney General

Respondent

Procedural Posture

Miscellaneous Civil Cause (constitutional Petition) / Judgment

Legal Issues

  1. 1 Whether the amendments to Articles 21(1), 39(1)(c), and 67(1)(b) of the Constitution introduced by Act No. 34 of 1994 are unconstitutional for restricting candidacy to members of political parties only.
  2. 2 Whether the said amendments meet the proportionality test under the Constitution.
  3. 3 Whether the amendments contravene international human rights instruments to which Tanzania is a party.

Ratio Decidendi

The amendments to Articles 21(1), 39(1)(c), and 67(1)(b) of the Constitution, introduced by Act No. 34 of 1994, which restrict candidacy for president and member of parliament to members of political parties only, are unconstitutional as they violate the fundamental rights to freedom of association and participation in government under Articles 20(4) and 21(1). The state failed to justify the necessity and proportionality of these restrictions, and the amendments also contravene international human rights instruments to which Tanzania is a party.

Court Disposition

Petition allowed. Amendments declared unconstitutional.

Orders

  • It is declared that the amendments to Articles 21(1), 39(1)(c), and 67(1)(b) introduced by Act No. 34 of 1994 are unconstitutional and contrary to international covenants.
  • It is declared lawful for private (independent) candidates to contest for the posts of president and member of parliament alongside party-nominated candidates.