legal and human rights centre lhrc others vs attorney general 2 massati j 2006 tzhc 2 24 april 2006

legal and human rights centre lhrc others vs attorney general 2 massati j 2006 tzhc 2 24 april 2006

Sections 98(2) and 98(3) of the Electoral Law (Miscellaneous Amendment) Act 4/2000 (now s.119(b) and (c) of the National Elections Act) are unconstitutional as they are unnecessary, unreasonable, arbitrary, and discriminatory, failing the proportionality test and infringing the rights to equality before the law and to free and fair elections under Articles 13(1)(2) and 21(1)(2) of the Constitution.

Citation
legal and human rights centre lhrc others vs attorney general 2 massati j 2006 tzhc 2 24 april 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
24 April 2006
Procedural Posture
Constitutional Petition / Final Judgment
Outcome
petition allowed
Legal Topics
Constitutionality of Electoral Law Amendments, Right to Equality Before the Law, Right to Free and Fair Elections, Public Interest Litigation, Locus Standi
Source Language
English
Constitutional Law Election Law Human Rights Constitutionality of Electoral Law Amendments Right to Equality Before the Law Right to Free and Fair Elections Public Interest Litigation Locus Standi

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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

Constitutional Petition / Final Judgment

Legal Issues

  1. 1 Whether sections 98(2) and 98(3) of the Electoral Law (Miscellaneous Amendment) Act 4/2000 are unconstitutional for violating Articles 13(1)(2), 21(1)(2), and 29(1) of the Constitution of Tanzania
  2. 2 Whether the petitioners have locus standi to bring the petition
  3. 3 Whether the petition discloses a cause of action

Ratio Decidendi

Sections 98(2) and 98(3) of the Electoral Law (Miscellaneous Amendment) Act 4/2000 (now s.119(b) and (c) of the National Elections Act) are unconstitutional as they are unnecessary, unreasonable, arbitrary, and discriminatory, failing the proportionality test and infringing the rights to equality before the law and to free and fair elections under Articles 13(1)(2) and 21(1)(2) of the Constitution.

Court Disposition

petition allowed

Orders

  • Declaration that s.119(b) and (c) of the National Elections Act [1985] (formerly s.98(2) and (3) as amended by Act 4 of 2000) are unconstitutional as they contravene Articles 13(1)(2) and 21(1)(2) of the Constitution of Tanzania.
  • Each party to bear its own costs.