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Constitutional law Hon

Hon

The High Court lacks jurisdiction to entertain the petition because the acts complained of—namely, the suspension of the petitioner from Parliament—were conducted within the jurisdiction of the National Assembly under the Parliamentary Standing Orders and did not contravene any mandatory constitutional provisions. Article 100 of the Constitution and Section 5 of the Parliamentary Immunities, Powers, and Privileges Act bar the Court from questioning such parliamentary proceedings. The petition did not specifically challenge the constitutionality of any provision of the Standing Orders but rath…

  • Parliamentary privilege
  • Separation of powers
  • Judicial review
  • Constitutional remedies
  • Standing orders
  • Jurisdiction
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Human rights law wangwe et legal and human rights centre c republique unie de tanzanie requete n 0112020 2023 afchpr 14 13 juin 2023

wangwe et legal and human rights centre c republique unie de tanzanie requete n 0112020 2023 afchpr 14 13 juin 2023

The Court held that the absence of prescribed qualification criteria for the appointment of the Director of Elections and Returning Officers under articles 6(1), 7(2), and 7(3) of the NEA violates Article 13(1) of the African Charter, as it fails to ensure the independence, impartiality, and competence required for such positions. However, restricting eligibility to public servants does not, in itself, violate the Charter. The Court found no violation of Articles 2 or 3 regarding non-discrimination and equality before the law, nor of Article 13(1) in relation to the mere fact of presidential…

  • Right to participate in public affairs
  • Equality before the law
  • Non-discrimination
  • Independence of electoral bodies
  • Constitutional remedies
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Constitutional law onesmo olengurumwa vs attorney general 2020 tzhc 4600 17 december 2020

onesmo olengurumwa vs attorney general 2020 tzhc 4600 17 december 2020

Strict compliance with Section 6 of BRADEA is mandatory for constitutional petitions; failure to include all required contents renders the petition incompetent and subject to being struck out. Affidavits supporting petitions must not contain legal arguments or extraneous matters; offending paragraphs may be expunged if the remainder is sufficient. The determination of whether a petition is frivolous or vexatious generally requires substantive hearing and cannot be decided at the preliminary stage unless it is a pure point of law.

  • Public interest litigation
  • Constitutional remedies
  • Separation of powers
  • Procedural compliance
  • Affidavit requirements
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Constitutional law 20171027 TZCA Dar es Salaam 1

20171027 TZCA Dar es Salaam 1

The existence of an adequate statutory remedy by way of appeal under section 57 of the Labour Institutions Act precludes the High Court from entertaining a constitutional petition under the Basic Rights and Duties Enforcement Act. The appellant failed to exhaust the statutory remedy, and thus the High Court was correct in dismissing the petition.

  • Unfair termination
  • Constitutional remedies
  • Jurisdiction
  • Exhaustion of remedies
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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.