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Constitutional law alfred m malagila others vs ministry of lands housing and human settlements development others 2023 tzhc 23508 13 november 2023

alfred m malagila others vs ministry of lands housing and human settlements development others 2023 tzhc 23508 13 november 2023

Court
TZHC

The petitioners failed to exhaust available statutory remedies, specifically judicial review, before filing the constitutional petition, rendering the petition incompetent under sections 4(5) and 8(2) of the Basic Rights and Duties Enforcement Act. The requirement to exhaust remedies is mandatory and not discretionary in this context.

Source excerpt

  • Exhaustion of remedies
  • Judicial review
  • Fundamental rights
  • Land acquisition
  • Eviction
  • Access to justice
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Constitutional law zakaria kamwela others vs the minister of education vocational training another 2013 tzca 448 12 july 2013

zakaria kamwela others vs the minister of education vocational training another 2013 tzca 448 12 july 2013

Court
TZCA

The Court held that the right to freedom of religion under Article 19(1) is triggered by a genuine, sincere, and conscientiously held belief. The Circular compelling students to sing the National Anthem was not validly issued as delegated legislation, lacked the force of law, and could not lawfully serve as a restraint on the appellants' religious freedom. Disciplinary actions based on the Circular, including expulsion and suspension, were unlawful and violated both the right to freedom of religion and the right to education.

Source excerpt

  • Freedom of religion
  • Right to education
  • Delegated legislation
  • Secularism
  • Fundamental rights
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Constitutional law zakaria kamwela others vs minister of education vocational training another 2013 tzca 167 5 july 2013

zakaria kamwela others vs minister of education vocational training another 2013 tzca 167 5 july 2013

Court
TZCA

The Education Circular No. 4 of 1998 was not lawfully issued under the National Education Act, lacked the force of law, and could not be used to compel students to sing the National Anthem or justify disciplinary action against them. Compelling the appellants to sing the National Anthem against their sincerely held religious beliefs violated their right to freedom of religion under Article 19(1) of the Constitution. The resultant expulsions and suspensions were unlawful.

Source excerpt

  • Freedom of religion
  • Delegated legislation
  • Right to education
  • Secularism
  • Fundamental rights
  • Administrative circulars
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Constitutional law 20020214 TZHC Dr es Salaam

20020214 TZHC Dr es Salaam

Court
TZHC

Section 111(2) of the Elections Act, 1985, is unconstitutional because it imposes an arbitrary and disproportionate barrier to access to justice by requiring all petitioners, regardless of means, to deposit TShs. 5,000,000 as security for costs without judicial discretion or exemption. This restriction is not reasonably necessary to achieve the stated objective of preventing frivolous petitions and protecting respondents, and it violates the constitutional guarantees of equality before the law and access to justice. The repeal of Rule 11(3) of the Election Petitions Rules, which previously al…

Source excerpt

  • Access to justice
  • Security for costs
  • Equality before the law
  • Discrimination
  • Statutory interpretation
  • Fundamental rights
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Constitutional law mrema vs speaker of national assembly another 1998 tzhc 7 27 july 1998

mrema vs speaker of national assembly another 1998 tzhc 7 27 july 1998

Court
TZHC

The Court held that the suspension of the applicant was a matter of internal parliamentary procedure protected by Article 100(1) of the Constitution and the Parliamentary Privileges Act. The Court has no jurisdiction to inquire into such proceedings unless Parliament acts outside its constitutional powers or without jurisdiction, which was not established in this case. The application was therefore unmaintainable.

Source excerpt

  • Parliamentary privilege
  • Judicial review
  • Separation of powers
  • Suspension of member of parliament
  • Fundamental rights
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Constitutional law 19980727 TZHC Dar es Salaam

19980727 TZHC Dar es Salaam

Court
TZHC

The Court held that it has no jurisdiction to inquire into or stay the implementation of a Parliamentary resolution suspending a Member of Parliament, as such matters fall within the exclusive domain of Parliament under Article 100(1) of the Constitution and the Parliamentary Privileges Act. The suspension was a disciplinary action within the powers of Parliament and did not violate the applicant's constitutional rights.

Source excerpt

  • Parliamentary privilege
  • Judicial review
  • Separation of powers
  • Suspension of member of parliament
  • Fundamental rights
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Constitutional law augustino lyatonga mrema vs speaker of national assembly another 1998 tzhc 2020 27 july 1998

augustino lyatonga mrema vs speaker of national assembly another 1998 tzhc 2020 27 july 1998

Court
TZHC

The court held that the suspension of the applicant was a disciplinary action within the exclusive jurisdiction of Parliament, protected by Article 100(1) of the Constitution and the Parliamentary Privileges Act. The court has no jurisdiction to inquire into or stay such proceedings, as they are part of the internal business of Parliament and not a violation of fundamental rights as pleaded.

Source excerpt

  • Parliamentary privilege
  • Judicial review
  • Separation of powers
  • Suspension of member of parliament
  • Fundamental rights
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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.