zitto zuberi kabwe vs president of the united republic of tanzania and others 2020 tzhc 1961 18 march 2020

zitto zuberi kabwe vs president of the united republic of tanzania and others 2020 tzhc 1961 18 march 2020

All preliminary objections are dismissed. The petition is properly brought as a constitutional matter of public interest litigation under Article 26(2) of the Constitution. The President can be challenged in his official capacity for alleged unconstitutional acts. The petition is not omnibus, frivolous, or vexatious. The supporting affidavit contains facts within the deponent's knowledge. The scope of BRADEA is not limited to Articles 12-29. Costs in course.

Citation
zitto zuberi kabwe vs president of the united republic of tanzania and others 2020 tzhc 1961 18 march 2020
Parties
Applicant: Zitto Zuberi Kabwe; 1st Respondent: President of the United Republic of Tanzania; 2nd Respondent: Attorney General; 3rd Respondent: Charles Kichere; 4th Respondent: Prof. Mussa Juma Assad
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
18 March 2020
Procedural Posture
Constitutional Petition / Ruling on Preliminary Objections
Outcome
preliminary objections dismissed
Legal Topics
Public Interest Litigation, Judicial Review, Separation of Powers, Removal and Appointment of Controller and Auditor General, Constitutional Interpretation
Source Language
English
Constitutional Law Administrative Law Public Interest Litigation Judicial Review Separation of Powers Removal and Appointment of Controller and Auditor General Constitutional Interpretation

Case Brief

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Parties

Zitto Zuberi Kabwe

Applicant

President of the United Republic of Tanzania

1st Respondent

Attorney General

2nd Respondent

Charles Kichere

3rd Respondent

Prof. Mussa Juma Assad

4th Respondent

Procedural Posture

Constitutional Petition / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the petition is bad in law for containing omnibus prayers
  2. 2 Whether the petition is frivolous, vexatious and contrary to BRADEA
  3. 3 Whether the petition is incompetent for being preferred against a wrong party

Ratio Decidendi

All preliminary objections are dismissed. The petition is properly brought as a constitutional matter of public interest litigation under Article 26(2) of the Constitution. The President can be challenged in his official capacity for alleged unconstitutional acts. The petition is not omnibus, frivolous, or vexatious. The supporting affidavit contains facts within the deponent's knowledge. The scope of BRADEA is not limited to Articles 12-29. Costs in course.

Court Disposition

preliminary objections dismissed

Orders

  • Costs in course