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