Tindo
JF-Expert Member
- Sep 28, 2011
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Hamna mahakama Tanzania, bali kuna majengo ya mahakama yaliyoko chini ya wahuni wa ccm.
EACJ: Vyama vya Upinzani vyashinda kesi dhidi ya Tanzania, kuhusu mabadiliko ya Sheria za Vyama vya Siasa
EACJ: Vyama vya Upinzani vyashinda kesi dhidi ya Tanzania, kuhusu mabadiliko ya Sheria za Vyama vya Siasa
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Hamna mahakama Tanzania, bali kuna majengo ya mahakama yaliyoko chini ya wahuni wa ccm.
Tindo
JF-Expert Member
- Sep 28, 2011
- 63,730
- 111,542
Ni uamuzi mzuri, japo sitegemei kama maamuzi yatafanyiwa kazi. Hizi taasisi ya hizi jumuiya ziko tu kama fashion, lakini maamuzi yake ni ngumu kutekelezwa na serikali za majizi ya kura.
Kilembwe
JF-Expert Member
- Aug 19, 2009
- 2,058
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Inabidili wakaisajili hukumu mahakama kuu ili kuikazia, mahakama kuu ikisajili hukumu hii basi itatakiwa kutekelezwa kwa sasa ilivyo haina madhara! ni kama ceremonial judgement!
Mambo yazidi kuwa makubwa. Je, Mwanasheria mkuu wa serikali atakata rufaa kama enzi za mwendazake?
REJEA TOKA MAKTABA :
Kesi ilipofunguliwa
East African Court of Justice
The Applicants are natural persons and citizens of the United Republic of Tanzania.
The first Applicant is a member and party chair of Chama cha Demokrasia na Maendeleo (CHADEMA), a political party registered in Tanzania.
The second Applicant is a member and party leader of Alliance for Change and Transparent-(WAZALENDO), a political party registered in Tanzania.
The third Applicant is a member and party Chair of the Chama cha Umma, a political party registered in Tanzania.
The fourth Applicant is a former first Vice President of the Revolutionary Government of Zanzibar and a member of the Alliance for Change and Transparent (WAZALENDO), a political party registered in Tanzania.
The fifth Applicant is Zanzibar Deputy Secretary General for Chama cha Demokrasia na Maendeleo (CHADEMA).
The Applicants seek for Court orders refraining the Respondent from applying and using certain provisions of the Political Parties (Amendment) Act 2019, which are challenged in the main Reference, pending the hearing and determination of this Application inter-parties and pending hearing and determination of Reference No. 3 of 2019.
In the Reference out of which the Application arose, the Applicants are challenging the Political Parties (Amendments) Act No. 1 of 2019 in its current form for allegedly; placing unjustified restrictions on the freedom of association; being discriminative and restricting people’s right to participate in public affairs; denying people’s right to personal security and safety; and contravening the principles of democracy, rule of law, good governance and human rights which the United Republic of Tanzania (Respondent) has committed to abide by through the EAC Treaty, the International Covenant for Civil and Political Rights, the Universal Declaration of Human Rights and the African Charter of Human and Peoples’ Rights.
It is the Applicants’ case that, the urgency of this Application is borne out of the fact that, the Government of the United Republic of Tanzania through the office of the Registrar of Political Parties has started applying the use of the provisions of the Political Parties (Amendment) Act, 2019 which are complained of by the Applicants in Reference No.3 of 2019, a matter pending determination by the East African Court of Justice – First Instance Division.
The Applicants allege that, the application of the Act puts their individual rights at jeopardy and the political parties at the danger of being deregistered; its members (including the Applicant) being suspended from conducting political activities; its leaders (including the Applicants) being fined a sum of money equivalent to U.S Dollar 45,000/- or being imprisoned or both; being denied to form coalition at their choice of time and agenda; and rendering political party leaders without security and protection.
Further that, the application of the Act forces political parties to form policies which are contrary to political parties’ ideologies and stands.
Moreover, the provisions enacted in the Act infringe the basic Constitutional rights enshrined in the Constitution of the United Republic of Tanzania, 1977 and well established principles of international law, the provisions of the Treaty Establishing the East African Community, the African Charter on Human and Peoples Rights, the International Covenant for Civil and Political Rights and several other international instruments.
It is the Applicants submission that, it is imperative and in the interest of justice that this Application be heard and determined expeditiously for the sake of the wellbeing of Tanzania democracy, rule of law and human rights.
The Respondent is the Attorney General of the Republic of Tanzania sued on behalf of the Government of Tanzania.
This case summary is a document produced by the Registry to assist in understanding forthcoming matters before the Court. It does not bind the Court. For authoritative Decisions, Judgments and general information about the Court please visit https://www.eacj.org/
Contact: Registrar, East African Court of Justice, P.O. Box 1096 Arusha, Tanzania Tel: +255 27 2506093 Fax: +255 27 27 2509493 Email: eacj@eachq.org
Download PDF
© 2020 East African Court of Justice. All rights reserved.
Soma pia :
Pia madai ya wadau wengine watetezi wa democracy na haki Tanzania
Source: Pending Cases - East African Court of Justice
REJEA TOKA MAKTABA :
Kesi ilipofunguliwa
East African Court of Justice
Application No. 2 of 2019 (Arising from Reference No. 3 of 2019) Freeman A. Mbowe & 4 Others vs The Attorney General of the United of Tanzania
| Application filed on: 27th May 2019. Articles: 6(d), 7(2), 8(1) & 38(2) of the Treaty for the Establishment of the East African Community. Rule: 21 of the EACJ Rules of Procedure, 2013. Subject matter: Refraining order against the Respondent from applying and using certain provisions of the Political Parties (Amendment) Act 2019. |
The Applicants are natural persons and citizens of the United Republic of Tanzania.
The first Applicant is a member and party chair of Chama cha Demokrasia na Maendeleo (CHADEMA), a political party registered in Tanzania.
The second Applicant is a member and party leader of Alliance for Change and Transparent-(WAZALENDO), a political party registered in Tanzania.
The third Applicant is a member and party Chair of the Chama cha Umma, a political party registered in Tanzania.
The fourth Applicant is a former first Vice President of the Revolutionary Government of Zanzibar and a member of the Alliance for Change and Transparent (WAZALENDO), a political party registered in Tanzania.
The fifth Applicant is Zanzibar Deputy Secretary General for Chama cha Demokrasia na Maendeleo (CHADEMA).
The Applicants seek for Court orders refraining the Respondent from applying and using certain provisions of the Political Parties (Amendment) Act 2019, which are challenged in the main Reference, pending the hearing and determination of this Application inter-parties and pending hearing and determination of Reference No. 3 of 2019.
In the Reference out of which the Application arose, the Applicants are challenging the Political Parties (Amendments) Act No. 1 of 2019 in its current form for allegedly; placing unjustified restrictions on the freedom of association; being discriminative and restricting people’s right to participate in public affairs; denying people’s right to personal security and safety; and contravening the principles of democracy, rule of law, good governance and human rights which the United Republic of Tanzania (Respondent) has committed to abide by through the EAC Treaty, the International Covenant for Civil and Political Rights, the Universal Declaration of Human Rights and the African Charter of Human and Peoples’ Rights.
It is the Applicants’ case that, the urgency of this Application is borne out of the fact that, the Government of the United Republic of Tanzania through the office of the Registrar of Political Parties has started applying the use of the provisions of the Political Parties (Amendment) Act, 2019 which are complained of by the Applicants in Reference No.3 of 2019, a matter pending determination by the East African Court of Justice – First Instance Division.
The Applicants allege that, the application of the Act puts their individual rights at jeopardy and the political parties at the danger of being deregistered; its members (including the Applicant) being suspended from conducting political activities; its leaders (including the Applicants) being fined a sum of money equivalent to U.S Dollar 45,000/- or being imprisoned or both; being denied to form coalition at their choice of time and agenda; and rendering political party leaders without security and protection.
Further that, the application of the Act forces political parties to form policies which are contrary to political parties’ ideologies and stands.
Moreover, the provisions enacted in the Act infringe the basic Constitutional rights enshrined in the Constitution of the United Republic of Tanzania, 1977 and well established principles of international law, the provisions of the Treaty Establishing the East African Community, the African Charter on Human and Peoples Rights, the International Covenant for Civil and Political Rights and several other international instruments.
It is the Applicants submission that, it is imperative and in the interest of justice that this Application be heard and determined expeditiously for the sake of the wellbeing of Tanzania democracy, rule of law and human rights.
The Respondent is the Attorney General of the Republic of Tanzania sued on behalf of the Government of Tanzania.
This case summary is a document produced by the Registry to assist in understanding forthcoming matters before the Court. It does not bind the Court. For authoritative Decisions, Judgments and general information about the Court please visit https://www.eacj.org/
Contact: Registrar, East African Court of Justice, P.O. Box 1096 Arusha, Tanzania Tel: +255 27 2506093 Fax: +255 27 27 2509493 Email: eacj@eachq.org
Download PDF
© 2020 East African Court of Justice. All rights reserved.
Soma pia :
Pia madai ya wadau wengine watetezi wa democracy na haki Tanzania
Source: Pending Cases - East African Court of Justice
| 123 | 12th, April 2019 | Reference No. 04 of 2019 Legal And Human Rights Centre Vs Attorney General of The United Republic of Tanzania The Applicant alleges that the amendment of some provisions of the Political Parties Act come as an unjustified restriction of democracy, good governance and freedom of association. The Applicant alleges that there has been the violation of Articles 6 (d), 7 (2) and 8 (1) (2) of the EAC Treaty. |
Mambo yazidi kuwa makubwa. Je, Mwanasheria mkuu wa serikali atakata rufaa kama enzi za mwendazake? Ili hali gandamizi iendelee?
Ni wakati wa Awamu hii ya sita iliyoahidi kuanza upya na kukubali haki na uhuru vitamalaki na kuacha legacy mpya ya kutukuka ktk historia ya kuheshimu hukumu hii ili Taifa lirudi ktk kuwa nchi ya mfano wa kuheshimu vyama vingi na demokrasia kama inavyotamkwa ktk katiba ya nchi.
East African Court of Justice
The Applicants are natural persons and citizens of the United Republic of Tanzania.
The first Applicant is a member and party chair of Chama cha Demokrasia na Maendeleo (CHADEMA), a political party registered in Tanzania.
The second Applicant is a member and party leader of Alliance for Change and Transparent-(WAZALENDO), a political party registered in Tanzania.
The third Applicant is a member and party Chair of the Chama cha Umma, a political party registered in Tanzania.
The fourth Applicant is a former first Vice President of the Revolutionary Government of Zanzibar and a member of the Alliance for Change and Transparent (WAZALENDO), a political party registered in Tanzania.
The fifth Applicant is Zanzibar Deputy Secretary General for Chama cha Demokrasia na Maendeleo (CHADEMA).
The Applicants seek for Court orders refraining the Respondent from applying and using certain provisions of the Political Parties (Amendment) Act 2019, which are challenged in the main Reference, pending the hearing and determination of this Application inter-parties and pending hearing and determination of Reference No. 3 of 2019.
In the Reference out of which the Application arose, the Applicants are challenging the Political Parties (Amendments) Act No. 1 of 2019 in its current form for allegedly; placing unjustified restrictions on the freedom of association; being discriminative and restricting people’s right to participate in public affairs; denying people’s right to personal security and safety; and contravening the principles of democracy, rule of law, good governance and human rights which the United Republic of Tanzania (Respondent) has committed to abide by through the EAC Treaty, the International Covenant for Civil and Political Rights, the Universal Declaration of Human Rights and the African Charter of Human and Peoples’ Rights.
It is the Applicants’ case that, the urgency of this Application is borne out of the fact that, the Government of the United Republic of Tanzania through the office of the Registrar of Political Parties has started applying the use of the provisions of the Political Parties (Amendment) Act, 2019 which are complained of by the Applicants in Reference No.3 of 2019, a matter pending determination by the East African Court of Justice – First Instance Division.
The Applicants allege that, the application of the Act puts their individual rights at jeopardy and the political parties at the danger of being deregistered; its members (including the Applicant) being suspended from conducting political activities; its leaders (including the Applicants) being fined a sum of money equivalent to U.S Dollar 45,000/- or being imprisoned or both; being denied to form coalition at their choice of time and agenda; and rendering political party leaders without security and protection.
Further that, the application of the Act forces political parties to form policies which are contrary to political parties’ ideologies and stands.
Moreover, the provisions enacted in the Act infringe the basic Constitutional rights enshrined in the Constitution of the United Republic of Tanzania, 1977 and well established principles of international law, the provisions of the Treaty Establishing the East African Community, the African Charter on Human and Peoples Rights, the International Covenant for Civil and Political Rights and several other international instruments.
It is the Applicants submission that, it is imperative and in the interest of justice that this Application be heard and determined expeditiously for the sake of the wellbeing of Tanzania democracy, rule of law and human rights.
The Respondent is the Attorney General of the Republic of Tanzania sued on behalf of the Government of Tanzania.
This case summary is a document produced by the Registry to assist in understanding forthcoming matters before the Court. It does not bind the Court. For authoritative Decisions, Judgments and general information about the Court please visit https://www.eacj.org/
Contact: Registrar, East African Court of Justice, P.O. Box 1096 Arusha, Tanzania Tel: +255 27 2506093 Fax: +255 27 27 2509493 Email: eacj@eachq.org
Download PDF
© 2020 East African Court of Justice. All rights reserved.
SOMA ZAIDI :
WADAU WA UTETEZI WA DEMOCRACY NA HAKI TOKA MAKTABA ZA ONLINE :
Rejea : Pending Cases - East African Court of Justice
Soma hapa kuhusu :
https://www.mwananchi.co.tz › kitaifa
MCT na washirika wake washinda kesi ya kupinga sheria ya habari ...
28 Mar 2019 — Mahakama ya Afrika Mashariki (EACJ) imesema baadhi ya vipengele katika Sheria ya Huduma za Habari ya mwaka 2016
https://www.dw.com › mahakama-y...
Mahakama ya Afrika Mashariki yakataa rufaa ya Tanzania - DW
10 Jun 2020 — Mahakama ya sheria ya Afrika mashariki imetupilia mbali ombi la ... ,akitoa hukumu dhidi ya kesi iliyowasilishwa katika mahakama hiyo
Ni wakati wa Awamu hii ya sita iliyoahidi kuanza upya na kukubali haki na uhuru vitamalaki na kuacha legacy mpya ya kutukuka ktk historia ya kuheshimu hukumu hii ili Taifa lirudi ktk kuwa nchi ya mfano wa kuheshimu vyama vingi na demokrasia kama inavyotamkwa ktk katiba ya nchi.
East African Court of Justice
Application No. 2 of 2019 (Arising from Reference No. 3 of 2019) Freeman A. Mbowe & 4 Others vs The Attorney General of the United of Tanzania
| Application filed on: 27th May 2019. Articles: 6(d), 7(2), 8(1) & 38(2) of the Treaty for the Establishment of the East African Community. Rule: 21 of the EACJ Rules of Procedure, 2013. Subject matter: Refraining order against the Respondent from applying and using certain provisions of the Political Parties (Amendment) Act 2019. |
The Applicants are natural persons and citizens of the United Republic of Tanzania.
The first Applicant is a member and party chair of Chama cha Demokrasia na Maendeleo (CHADEMA), a political party registered in Tanzania.
The second Applicant is a member and party leader of Alliance for Change and Transparent-(WAZALENDO), a political party registered in Tanzania.
The third Applicant is a member and party Chair of the Chama cha Umma, a political party registered in Tanzania.
The fourth Applicant is a former first Vice President of the Revolutionary Government of Zanzibar and a member of the Alliance for Change and Transparent (WAZALENDO), a political party registered in Tanzania.
The fifth Applicant is Zanzibar Deputy Secretary General for Chama cha Demokrasia na Maendeleo (CHADEMA).
The Applicants seek for Court orders refraining the Respondent from applying and using certain provisions of the Political Parties (Amendment) Act 2019, which are challenged in the main Reference, pending the hearing and determination of this Application inter-parties and pending hearing and determination of Reference No. 3 of 2019.
In the Reference out of which the Application arose, the Applicants are challenging the Political Parties (Amendments) Act No. 1 of 2019 in its current form for allegedly; placing unjustified restrictions on the freedom of association; being discriminative and restricting people’s right to participate in public affairs; denying people’s right to personal security and safety; and contravening the principles of democracy, rule of law, good governance and human rights which the United Republic of Tanzania (Respondent) has committed to abide by through the EAC Treaty, the International Covenant for Civil and Political Rights, the Universal Declaration of Human Rights and the African Charter of Human and Peoples’ Rights.
It is the Applicants’ case that, the urgency of this Application is borne out of the fact that, the Government of the United Republic of Tanzania through the office of the Registrar of Political Parties has started applying the use of the provisions of the Political Parties (Amendment) Act, 2019 which are complained of by the Applicants in Reference No.3 of 2019, a matter pending determination by the East African Court of Justice – First Instance Division.
The Applicants allege that, the application of the Act puts their individual rights at jeopardy and the political parties at the danger of being deregistered; its members (including the Applicant) being suspended from conducting political activities; its leaders (including the Applicants) being fined a sum of money equivalent to U.S Dollar 45,000/- or being imprisoned or both; being denied to form coalition at their choice of time and agenda; and rendering political party leaders without security and protection.
Further that, the application of the Act forces political parties to form policies which are contrary to political parties’ ideologies and stands.
Moreover, the provisions enacted in the Act infringe the basic Constitutional rights enshrined in the Constitution of the United Republic of Tanzania, 1977 and well established principles of international law, the provisions of the Treaty Establishing the East African Community, the African Charter on Human and Peoples Rights, the International Covenant for Civil and Political Rights and several other international instruments.
It is the Applicants submission that, it is imperative and in the interest of justice that this Application be heard and determined expeditiously for the sake of the wellbeing of Tanzania democracy, rule of law and human rights.
The Respondent is the Attorney General of the Republic of Tanzania sued on behalf of the Government of Tanzania.
This case summary is a document produced by the Registry to assist in understanding forthcoming matters before the Court. It does not bind the Court. For authoritative Decisions, Judgments and general information about the Court please visit https://www.eacj.org/
Contact: Registrar, East African Court of Justice, P.O. Box 1096 Arusha, Tanzania Tel: +255 27 2506093 Fax: +255 27 27 2509493 Email: eacj@eachq.org
Download PDF
© 2020 East African Court of Justice. All rights reserved.
SOMA ZAIDI :
WADAU WA UTETEZI WA DEMOCRACY NA HAKI TOKA MAKTABA ZA ONLINE :
Rejea : Pending Cases - East African Court of Justice
| 123 | 12th, April 2019 | Reference No. 04 of 2019 Legal And Human Rights Centre Vs Attorney General of The United Republic of Tanzania The Applicant alleges that the amendment of some provisions of the Political Parties Act come as an unjustified restriction of democracy, good governance and freedom of association. The Applicant alleges that there has been the violation of Articles 6 (d), 7 (2) and 8 (1) (2) of the EAC Treaty. |
Soma hapa kuhusu :
MCT na washirika wake washinda kesi ya kupinga sheria ya habari ...
28 Mar 2019 — Mahakama ya Afrika Mashariki (EACJ) imesema baadhi ya vipengele katika Sheria ya Huduma za Habari ya mwaka 2016
https://www.dw.com › mahakama-y...
Mahakama ya Afrika Mashariki yakataa rufaa ya Tanzania - DW
10 Jun 2020 — Mahakama ya sheria ya Afrika mashariki imetupilia mbali ombi la ... ,akitoa hukumu dhidi ya kesi iliyowasilishwa katika mahakama hiyo
Bams
JF-Expert Member
- Oct 19, 2010
- 19,362
- 48,879
Wewe inaonekana uelewa wako ni zero. Mahakama ya East Africa ni sawa na mahakama ya Tanzania?
Kumbe humu tuna watu wengine ni really low minds.
Eng. Zezudu
JF-Expert Member
- Aug 23, 2012
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Jiwe bhana , sijui alikuwa analipeleka wapi taifa
dudus
JF-Expert Member
- Feb 28, 2011
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... alikuwa mtu wa ajabu kuwahi kutokea katika historia ya taifa hili.
pilipili kichaa
JF-Expert Member
- Sep 3, 2013
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mkoloni mweusi ni mtu hatari na katili sana kuliko ilivyokuwa kwa mkoloni mweupe!
pilipili kichaa
JF-Expert Member
- Sep 3, 2013
- 18,406
- 14,643
Sifa na utukufu ni kwa Mola wetu
Toka maktaba kwa urefu :
Reference No. 04 of 2019 Legal and Human Rights Centre vs Attorney General of The United Republic of Tanzania
Coming up for hearing: on 18th and 19th November 2021.Reference filed: on 12th April 2019.
Articles: 4, 6(d), 7(2), 8(1) (c), 27(1), 30(1) and 38(2) of the Treaty for the Establishment of the East African Community (EAC).
Rules: 1(2) and 24 of the East African Court of Justice Rules of Procedure, 2019.
Subject matter: Alleged violation of the freedom of the press.
The Applicant is a statutory body registered under the laws of the United Republic of Tanzania and the Respondent is the Attorney General of the United Republic of Tanzania sued on behalf of the respective government.
The Applicant avers that, the Political Parties (Amendments) Act, No.1 of 2019 enacted by the Parliament of the United Republic of Tanzania on 29th January 2019, assented to by the President of the United Republic of Tanzania on 13th February 2019 and gazette in the official government gazette on the 22nd February 2019 is not complaint with the Treaty for the Establishment of the East African Community (EAC).
Applicant alleges several provisions of the Act violates the fundamental and operational principles of the Treaty stipulated under Articles 6(d), 7(2) and 8(1) (c) as well as the principles underpinning freedom of the press, which is a cornerstone of the Community’s principles of democracy, rule of law, accountability, transparency and good governance.
The Applicant therefore pray for declarations that; this court has jurisdiction to adjudicate the matter, the challenged sections of the Act violate the Treaty provision, orders against the Respondent to cease the application of the Act and repeal or amend the same to bring it conformity with the fundamental and operational principles codifies in the Treaty and each party bear its costs.
The Respondent argues among other things that, the Political Parties (Amendments) Act No. 1 of 2019 was enacted to provide necessary and reasonable restrictions to monitor the conduct of political parties in accordance with the Constitution of the Untied Republic of Tanzania, 1977 as amended which abide to the Treaty.
Further, the Act was amended to promote political parties’ institutionalism, intra-party democracy, political and financial accountability and ensuring compliance to parties’ constitutions and rules.
The Respondent thus prays for declarations that this Court lack jurisdiction to grants the prayers sought, provisions of the Act do not contravene the Treaty and dismissal of the Reference with costs.
This is a document produced by the Registry to assist in understanding forthcoming matters before the Court. It does not bind the Court. For authoritative Decisions, Judgments and general information about the Court please visit https://www.eacj.org
Contact: Registrar, East African Court of Justice, P.O. Box 1096 Arusha, Tanzania Tel: +255 27 2506093
Source : Reference No. 04 of 2019 Legal and Human Rights Centre vs Attorney General of The United Republic of Tanzania - East African Court of Justice
More on this subject :
Geneva, Switzerland
East African Court of Justice, First Instance Division, Reference No.2 of 2017, Media Council of Tanzania, Legal and Human Rights Centre Tanzania Human Rights, and Defenders Coalition vs. The Attorney General of the United Republic of Tanzania, 28 March 2019, available at: http://eacj.eac.int/wp-content/uploads/2019/03/Referene-No.2-of-2017.pdf (accessed 24 April 2019).
[10] Although we do not believe that, at this point, Tanzania deserves to be considered under the same item as countries with some of the gravest human rights records, a diplomatically-worded statement under item 4, which would refer to the need for Tanzania to engage in dialogue and cooperation and to take corrective action before the situation calls for a more robust multilateral response, could make a useful contribution to sending the Government the right message.
[11] Tanzania should be encouraged to accept advisory services to review and amend its legislation in order to bring it in line with its constitutional and international obligations, as well as to review and amend policies and practices, in particular those of law enforcement officials and regulatory authorities working with civil society and the media.
[12] In a statement delivered under item 3 (GD), on 14 September 2018, Tanzania stated: “The United Republic of Tanzania remains fully committed to the promotion and protection of human rights in the country and globally. We call upon the International Community to continue supporting us in this endeavour.”
In a right of reply the Tanzanian delegation exercised on 11 September 2018, under item 2, Tanzania addressed a series of concerns that had been expressed over its domestic situation and pledged to “continue working diligently to improve its human rights situation” (full statements available on the HRC extranet).
Source : Tanzania: 38 NGOs call on states to express concern over human rights
dudus
JF-Expert Member
- Feb 28, 2011
- 23,782
- 54,213
Mola wetu mlezi habahatishi. Hukumu zake ni za haki.
TOKA MAKTABA:
Reference No. 04 of 2019 Legal and Human Rights Centre vs Attorney General of The United Republic of Tanzania
Coming up for hearing: on 18th and 19th November 2021.Reference filed: on 12th April 2019.
Articles: 4, 6(d), 7(2), 8(1) (c), 27(1), 30(1) and 38(2) of the Treaty for the Establishment of the East African Community (EAC).
Rules: 1(2) and 24 of the East African Court of Justice Rules of Procedure, 2019.
Subject matter: Alleged violation of the freedom of the press.
The Applicant is a statutory body registered under the laws of the United Republic of Tanzania and the Respondent is the Attorney General of the United Republic of Tanzania sued on behalf of the respective government.
The Applicant avers that, the Political Parties (Amendments) Act, No.1 of 2019 enacted by the Parliament of the United Republic of Tanzania on 29th January 2019, assented to by the President of the United Republic of Tanzania on 13th February 2019 and gazette in the official government gazette on the 22nd February 2019 is not complaint with the Treaty for the Establishment of the East African Community (EAC).
Applicant alleges several provisions of the Act violates the fundamental and operational principles of the Treaty stipulated under Articles 6(d), 7(2) and 8(1) (c) as well as the principles underpinning freedom of the press, which is a cornerstone of the Community’s principles of democracy, rule of law, accountability, transparency and good governance.
The Applicant therefore pray for declarations that; this court has jurisdiction to adjudicate the matter, the challenged sections of the Act violate the Treaty provision, orders against the Respondent to cease the application of the Act and repeal or amend the same to bring it conformity with the fundamental and operational principles codifies in the Treaty and each party bear its costs.
The Respondent argues among other things that, the Political Parties (Amendments) Act No. 1 of 2019 was enacted to provide necessary and reasonable restrictions to monitor the conduct of political parties in accordance with the Constitution of the Untied Republic of Tanzania, 1977 as amended which abide to the Treaty.
Further, the Act was amended to promote political parties’ institutionalism, intra-party democracy, political and financial accountability and ensuring compliance to parties’ constitutions and rules.
The Respondent thus prays for declarations that this Court lack jurisdiction to grants the prayers sought, provisions of the Act do not contravene the Treaty and dismissal of the Reference with costs.
This is a document produced by the Registry to assist in understanding forthcoming matters before the Court. It does not bind the Court. For authoritative Decisions, Judgments and general information about the Court please visit https://www.eacj.org
Contact: Registrar, EACJ
Source : Reference No. 04 of 2019 Legal and Human Rights Centre vs Attorney General of The United Republic of Tanzania - East African Court of Justice
It add a value kwamba Tz watunga sheria ni vihiyo.
THE GAME
JF-Expert Member
- May 30, 2010
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🤛🤛poweeer....
Hawakupeleka shangazi kaja🤣