mtikila vs attorney general 2006 tzhc 5 5 may 2006
The amendments to Articles 21(1), 39(1)(c), and 67(1)(b) of the Constitution, introduced by Act No. 34 of 1994, unreasonably and unnecessarily restrict the fundamental right of Tanzanian citizens to participate in government by requiring political party membership for presidential and parliamentary candidacy. These restrictions violate Articles 20(4) and 21(1) of the Constitution, fail the proportionality test, and are not justified by public interest or international law. The amendments are therefore unconstitutional and void.
Source excerpt
- Right to political participation
- Independent candidacy
- Constitutional amendments
- Proportionality test
- International human rights instruments