NA TZHC Dar es Salaam

NA TZHC Dar es Salaam

The 'takrima' provisions are discriminatory, unnecessary, and violate Articles 13(1), 13(2), and 21(1) and (2) of the Constitution. Legal persons have locus standi. The impugned provisions are null and void and should be struck out.

Citation
NA TZHC Dar es Salaam
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
1 January 1995
Procedural Posture
Constitutional Petition / Final Judgment
Outcome
petition allowed
Legal Topics
Discrimination, Locus Standi, Proportionality, Corrupt Practices, Takrima Provisions
Source Language
English
Constitutional Law Election Law Discrimination Locus Standi Proportionality Corrupt Practices 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

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
  2. 2 Whether 'takrima' provisions violate constitutional rights of equality and non-discrimination
  3. 3 Whether legal persons have locus standi under Article 13(3) of the Constitution

Ratio Decidendi

The 'takrima' provisions are discriminatory, unnecessary, and violate Articles 13(1), 13(2), and 21(1) and (2) of the Constitution. Legal persons have locus standi. The impugned provisions are null and void and should be struck out.

Court Disposition

petition allowed

Orders

  • Sections 98(2) and 98(3) of the Electoral Law (Miscellaneous Amendment) Act 4/2000 are struck out as unconstitutional
  • Each party to bear their own costs