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Tanzania Case Law

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Constitutional law 20100617 TZCA Dar es Salaam

20100617 TZCA Dar es Salaam

Court
TZCA

The Court of Appeal held that Tanzanian courts do not have jurisdiction to declare constitutional amendments unconstitutional on substantive grounds, except where the amendment was not enacted in accordance with the prescribed constitutional procedure. The requirement for political party membership for candidates does not violate the Constitution as amended, and the issue of independent candidates is a political question for Parliament, not the courts.

Source excerpt

  • Independent candidates
  • Constitutional amendments
  • Judicial review
  • Separation of powers
  • Right to participate in government
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Constitutional law honourable attorney general vs reverend christopher mtikila 2010 tzca 162 17 june 2010

honourable attorney general vs reverend christopher mtikila 2010 tzca 162 17 june 2010

Court
TZCA

The High Court has jurisdiction to entertain petitions challenging constitutional amendments, but cannot declare constitutional provisions unconstitutional unless the amendment procedure under Article 98 was not followed. The doctrine of basic structure does not apply in Tanzania, as all constitutional provisions are amendable if the prescribed procedure is followed. The requirement for political party membership for candidates is a matter for Parliament, not the courts, to decide. International instruments may inform interpretation but cannot override clear constitutional provisions.

Source excerpt

  • Constitutional amendments
  • Right to participate in government
  • Independent candidates
  • Judicial review of constitutional amendments
  • Separation of powers
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Constitutional law John Seka v Minister of State in President Office Local Government Authorities and AG Ruling on PO

John Seka v Minister of State in President Office Local Government Authorities and AG Ruling on PO

Court
TANZLII

The petition is incompetent as it is barred by res judicata due to the Court of Appeal's decision in Mtikila No. 3, which settled the issue of independent candidates in Tanzanian elections. The High Court is not functus officio in relation to the previous judicial review application, but the matter is not justiciable as the legal question has already been conclusively determined. The petition cannot proceed as it seeks to relitigate an issue already settled by a superior court.

Source excerpt

  • Res judicata
  • Functus officio
  • Independent candidates
  • Local government elections
  • Subsidiary legislation
  • Public interest litigation
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About this LexChat collection

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.

Source links and collection timestamps are retained alongside the indexed records.