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Tanzania Case Law

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Constitutional law CONSTITUTION MGOINGOLWA REGINA

CONSTITUTION MGOINGOLWA REGINA

Court
TANZLII

The petition is struck out as it is vexatious and frivolous; the prayers sought challenge the government's actions in introducing legislation, not the constitutionality of an Act of Parliament, and such redress is unattainable in a constitutional petition. This defect alone is sufficient to dispose of the petition without addressing the remaining preliminary objections.

Source excerpt

  • Constitutionality of legislation
  • Industrial levy
  • Locus standi
  • Preliminary objections
  • Judicial review
  • Corporate rights
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Constitutional law tito elia magoti another vs national electoral commission 3 others 2022 tzhc 15383 19 december 2022

tito elia magoti another vs national electoral commission 3 others 2022 tzhc 15383 19 december 2022

Court
TZHC

Section 11(1)(c) of the National Elections Act is unconstitutional to the extent that it imposes a blanket restriction on the right to vote for all persons serving imprisonment exceeding six months, without specifying the criminal offences as required by Article 5(2)(c) of the Constitution. The Constitution only permits restriction for conviction of specified offences, not for all prisoners above a certain sentence threshold. Remandees are not restricted by law from registering or voting. The impugned provision is void for inconsistency with the Constitution.

Source excerpt

  • Right to vote
  • Prisoners' rights
  • Constitutionality of legislation
  • Universal suffrage
  • Judicial review
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Constitutional law paul revocatus kaunda vs attorney general 2020 tzhc 4587 14 december 2020

paul revocatus kaunda vs attorney general 2020 tzhc 4587 14 december 2020

Court
TZHC

Section 8(3) of BRADEA is constitutionally valid as it does not violate articles 13(2) & (3), 26(1) & (2), or 30(3) & (4) of the Constitution. A Bill is a proposal with no force of law and cannot infringe constitutional rights before enactment. The provision reflects the principle of separation of powers and the constitutional protection of parliamentary privilege. There was no evidence or circumstances shown by the petitioner to justify pre-enactment judicial intervention. The presumption of constitutionality applies, and the petitioner's arguments were unsupported by the pleadings or affida…

Source excerpt

  • Constitutionality of legislation
  • Separation of powers
  • Judicial review
  • Parliamentary privilege
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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.