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Tanzania decisions
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The High Court dismissed an election appeal and upheld nullification of the Mateves Ward councillor election after finding illegal campaign on polling day.
Election petition appeal allowed after the Court of Appeal found corrupt practices were not proved beyond reasonable doubt.
Election appeal dismissed after the court found no proved illegal campaign or corrupt practice, and held that 60 disenfranchised voters did not affect the result.
Illegal campaigns are acts of non-compliance under section 108(3)(c) of the Elections Act, 1985, not illegal practices. Such non-compliance must affect the result of the election to void it. In this case, the number of voters involved in illegal campaigns was insufficient to affect the outcome, given Mramba's substantial majority. The trial judge erred in law regarding the standard and burden of proof. The appeal is allowed, and Mramba's election is confirmed.
Source excerpt
Court of Appeal of Tanzania held that illegal campaign activity was non-compliance, not an illegal practice, and confirmed the election result.
The Court of Appeal dismissed an election appeal, finding no proven tribal incitement or corruption, and holding that irregularities did not affect the result.
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