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Election petition appeal allowed after the Court of Appeal found corrupt practices were not proved beyond reasonable doubt.
The High Court upheld an election petition in part, finding proved bribery and corrupt practices in Mwibara Constituency and declaring the election void.
Sections 119(2) and 119(3) of the National Elections Act (the 'takrima' provisions) are unconstitutional as they are discriminatory in effect, advantage high-income candidates, undermine equality before the law and the right to free and fair elections, and fail the proportionality test. The petitioners, as legal persons acting in public interest, have locus standi. The petition discloses a cause of action as it challenges the constitutionality of the provisions themselves.
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Section 114 of the Elections Act must be construed purposively to include 'corrupt practice' alongside 'illegal practice' for certification to the Director of Elections. The omission of 'corrupt practice' was inadvertent, and a literal interpretation would lead to absurd and discriminatory results contrary to the legislative intent and the Constitution.
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Section 114 of the Elections Act should be interpreted purposively to include 'corrupt practice' alongside 'illegal practice' for certification to the Director of Elections, as the omission was inadvertent and a literal reading would lead to absurd and discriminatory results contrary to legislative intent and the Constitution.
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The court held that the Electoral Commission's directives (TAMKO RASMI) were invalid due to improper signature, but the Commission has power to issue such regulations. Corrupt practices, use of government resources, media bias, intimidation, and improper vote counting rendered the election unfree and unfair, justifying nullification. The CCM candidate was not a Tanzanian citizen at the time of election, making him ineligible. Radio Tanzania Dar es Salaam was improperly joined as a party. The appeals were dismissed and the High Court's nullification of the election was upheld.
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The election was nullified because the CCM candidate was not a Tanzanian citizen at the time of the election, and because corrupt practices, government intervention, media bias, premature and illegal campaigning, defamation, intimidation, and improper vote counting rendered the election unfree and unfair, affecting the results. The Electoral Commission's regulation (TAMKO RASMI) was invalid due to improper signature, and Radio Tanzania Dar es Salaam was not a proper party to the petition as it was not a legal entity.
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