legal and human rights centre lhrc others vs attorney general 2006 tzhc 67 30 june 2006

legal and human rights centre lhrc others vs attorney general 2006 tzhc 67 30 june 2006

Sections 98(2) and 98(3) of the Electoral Law (Miscellaneous Amendment) Act 4/2000 ('takrima' provisions) are unconstitutional as they are discriminatory, unnecessary, and violate Articles 13(1), 13(2), and 21(1)-(2) of the Constitution. The petitioners have locus standi, and the petition discloses a cause of action.

Citation
legal and human rights centre lhrc others vs attorney general 2006 tzhc 67 30 june 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
30 June 2006
Procedural Posture
Constitutional Petition / Final Judgment
Outcome
petition allowed in part
Legal Topics
Discrimination, Locus Standi, Election Offences, Statutory Interpretation
Source Language
English
Constitutional Law Election Law Human Rights Discrimination Locus Standi Election Offences Statutory Interpretation

Case Brief

Summary, issues, holding and outcome

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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 ('takrima' provisions) are unconstitutional for being discriminatory and violating the Constitution
  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 ('takrima' provisions) are unconstitutional as they are discriminatory, unnecessary, and violate Articles 13(1), 13(2), and 21(1)-(2) of the Constitution. The petitioners have locus standi, and the petition discloses a cause of action.

Court Disposition

petition allowed in part

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.