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Constitutional law MISC CIVIL CAUSE NO 10803 OF 2024 NEW

MISC CIVIL CAUSE NO 10803 OF 2024 NEW

The petitioner failed to demonstrate that the impugned provisions of the Advocates Act create institutional bias, discrimination, or breach the independence and self-regulation of the Tanganyika Law Society. The composition and roles of the Attorney General, judiciary, and public bar in the disciplinary committees are consistent with constitutional principles and commonwealth practices. Any potential conflict or bias can be resolved administratively, not by constitutional invalidation. The petition is dismissed in its entirety.

  • Constitutionality of statutory provisions
  • Disciplinary process for advocates
  • Equality before the law
  • Discrimination
  • Independence of professional bodies
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Constitutional law MAGOTI v AG Judgment Final 09

MAGOTI v AG Judgment Final 09

Most of the impugned provisions of the Personal Data Protection Act are constitutional as they do not violate the cited Articles of the Constitution; however, sections 22(3) and 23(3)(c) and (e) are vague and ambiguous, leading to legal uncertainty, and must be amended to provide clarity within one year, failing which they will be struck out.

  • Constitutionality of statutory provisions
  • Right to privacy
  • Data protection
  • Statutory interpretation
  • Limitations of fundamental rights
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Criminal law dpp vs iddi hassan chumu another 2021 tzca 3540 23 december 2021

dpp vs iddi hassan chumu another 2021 tzca 3540 23 december 2021

The appeal is incompetent because the judicial decision in Joseph Steven Gwaza, which declared section 6(2) of the Appellate Jurisdiction Act void to the extent of allowing the DPP to appeal interlocutory orders, applies retrospectively to pending cases, including this one, as it is a procedural change. Thus, the DPP cannot appeal the interlocutory order in question.

  • Interlocutory appeals
  • Retrospective application of judicial decisions
  • Constitutionality of statutory provisions
  • Procedure in criminal appeals
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Constitutional law pili kisenga vs the hon attorney general 2021 tzhc 7513 3 december 2021

pili kisenga vs the hon attorney general 2021 tzhc 7513 3 december 2021

The preliminary objection does not qualify as a pure point of law because it requires ascertainment of facts through evidence. It is premature to conclude the petition is frivolous or vexatious at this stage. The objection is dismissed.

  • Constitutionality of statutory provisions
  • Preliminary objection
  • Frivolous and vexatious proceedings
  • Execution of decrees against government
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Constitutional law joram meagie lukumay vs minister of constitutional and legal affairs and another 2021 tzhc 7348 17 november 2021

joram meagie lukumay vs minister of constitutional and legal affairs and another 2021 tzhc 7348 17 november 2021

The petition is incompetent as the petitioner failed to exhaust available remedies before approaching the constitutional court, as evidenced by his own pleadings and supported by statutory and case law requirements.

  • Constitutionality of statutory provisions
  • Exhaustion of remedies
  • Judicial review
  • Powers of minister
  • Access to justice
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Constitutional law edson kilatu vs the attorney general of the united republic of tanzania and another 2021 tzhc 6309 29 september 2021

edson kilatu vs the attorney general of the united republic of tanzania and another 2021 tzhc 6309 29 september 2021

The petition is barred by res sub judice due to the pending proceedings before the Advocates Committee involving substantially the same subject matter and parties. The petitioner has alternative remedies and the petition constitutes an abuse of court process and is frivolous. The proper course is to strike out the petition.

  • Res sub judice
  • Constitutionality of statutory provisions
  • Abuse of process
  • Fair hearing
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Constitutional law onesmo olengurumwa vs attorney general 2020 tzhc 4555 17 december 2020

onesmo olengurumwa vs attorney general 2020 tzhc 4555 17 december 2020

Non-compliance with the mandatory content requirements of Section 6 of the Basic Rights and Duties Enforcement Act renders a constitutional petition incompetent and subject to being struck out. Defective paragraphs in an affidavit may be expunged, but if the petition itself is fundamentally non-compliant, the defect is fatal.

  • Constitutionality of statutory provisions
  • Procedural requirements for constitutional petitions
  • Affidavit requirements
  • Preliminary objections
  • Access to justice
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Constitutional law raymond paul kanegene and another vs attorney general 2020 tzhc 4032 26 november 2020

raymond paul kanegene and another vs attorney general 2020 tzhc 4032 26 november 2020

Petitioners failed to prove that sections 16 and 39(2)(a)&(b) of the Cybercrimes Act violate articles 16 and 18 of the Constitution; the provisions are clear, contain safeguards, and are constitutionally valid; the petition is not res judicata.

  • Constitutionality of statutory provisions
  • Right to privacy
  • Freedom of expression
  • Cybercrimes
  • Ministerial powers
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Constitutional law onesmo olengurumwa vs minister of state in the presidents office regional administration local government another 2019 tzhc 2142 19 november 2019

onesmo olengurumwa vs minister of state in the presidents office regional administration local government another 2019 tzhc 2142 19 november 2019

The petition substantially complies with section 6(d) & (e) of BRADEA, and affidavit defects are cured by expunging unverified paragraphs; remaining affidavit supports the petition, and alleged falsehood does not render the affidavit incurably defective.

  • Affidavit defects
  • Compliance with basic rights and duties enforcement act
  • Constitutionality of statutory provisions
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Constitutional law joseph steven gwaza vs attorney general another 2019 tzhc 277 22 october 2019

joseph steven gwaza vs attorney general another 2019 tzhc 277 22 october 2019

Section 6(2) of the Appellate Jurisdiction Act is unconstitutional to the extent that it grants the DPP an unfettered right to appeal against any order in a criminal case, while denying the same right to accused persons, thereby violating the constitutional guarantees of equality before the law, protection against discrimination, and the right to a fair hearing under articles 13(1), 13(2), and 13(6)(a) of the Constitution. Section 225(6) of the Criminal Procedure Act is not unconstitutional as its exclusion of economic offences triable by the High Court from the protections of section 225 is…

  • Discrimination
  • Right to fair hearing
  • Right of appeal
  • Equality before the law
  • Constitutionality of statutory provisions
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Tanzania decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.