Mkuu ZZK, Zitto , pokea baadhi ya nondo, zipime, mkiona zina sifa, zijumuishe katika maazimio ya kikao chenu cha TCD, leo yanayokabidhiwa Kwa kile kikosi kazi, yatue mezani Kwa Mama, ili sheria zifanyiwe mabadiliko kabla ya uchaguzi wa 2025.REV. CHRISTOPHER MTIKILA WINS THE CASE AGAINST THE UNITED REPUBLIC OF TANZANIA
Arusha, 14 June 2013 - On Friday, 14 June 2013, the African Court on Human and Peoples' Rights ruled in favor of Reverend Christopher Mtikila against the United Republic of Tanzania, in the matter of Tanganyika Law Society and The Legal and Human Rights Centre and Reverend Christopher Mtikila v. The United Republic of Tanzania. The case concerned violation of basic political and civil rights, in particular Articles 2, 10 and 13 (1) of the African Charter on Human and Peoples' Rights, Articles 3, 22, 25 and 26 of the International Covenant on Civil and Political Rights and Articles 1, 7, 20 and 21 (1) of the Universal Declaration of Human Rights. In fact, the Applicants alleged that the Government of the United Republic of Tanzania had violated the democratic principles and the political rights of its citizens by enacting the Eighth Constitutional Amendment of 1992 and the Eleventh Constitutional Amendment Act No 34 of 1994 which prohibit independent candidates from standing for or contesting the Presidential, Parliamentary and Local Government elections, since the current Constitution provided that a candidate had to be a member of and/or be sponsored by a political party.
In its defense, the Respondent, the Government of Tanzania argued that the prohibition of independent candidates was a way of avoiding absolute and uncontrolled liberty, which would lead to anarchy and disorder; that the prohibition was necessary for good governance and unity. It sustained that the prohibition on independent candidates for positions of government leadership was necessary for national security, defense, public order, public peace and morality or to avoid tribalism. After examining both parties' submissions, the Court found that there is nothing in the Respondent's arguments to show that there are reasons for restrictions on the exercise of the right to participate freely in the government of the country. In any event, the restriction on the exercise of the right through the prohibition on independent candidacy is not proportionate to the alleged aim of fostering national unity and solidarity. The Court therefore found a violation of the right to participate freely in the government of one's country since for a Tanzanian individual to participate in Presidential, Parliamentary or Local Government elections in Tanzania, one must belong to a political party.
Tanzanians are thus prevented from freely participating in the government of their Country directly or through freely chosen representatives. The Court by majority ruled that the Government of the United Republic of Tanzania has violated Articles 2, 3, 10 and 13(1) of the Charter. Therefore, the Court directed the United Republic of Tanzania to take constitutional, legislative and all other necessary measures within a reasonable time to remedy the violations found by the Court and to inform the Court of the measures taken. With regards to compensation, the Court granted, in accordance with Rule 63 of the Rules of Court, leave to Reverend Christopher Mtikila to file submissions on his request for reparations within thirty (30) days hereof and the Respondent to reply thereto within thirty (30) days of the receipt of the 2nd Applicant's submissions.
Source : Rev. Christopher Mtikila wins the Case against the United Republic of Tanzania
Kwa wale msiojua, kile kilichonikuta kwenye lile jambo langu, kinatikana na ubatili huu niliuzungumza hapa!. Kuna uwezekana mtu una jambo lako unalitaka, unalipania sana la Mungu anakunyima, unalikosa, unakubali matokeo kwasababu waliochaguliwa wamekupita sifa, ila kuumia kulikosa jambo lako unakuwa umeumia!. Kumbe kuna uwezekano, majanga mengine sio majanga, ni mapito!. Unapitishwa kwenye mapito ya majanga huku unachapwa mijeledi, kumbe ni kwa kupigwa kwako, unapigwa ili wengine waponywe, hivyo majanga hayo yakawa ni a blessing in disguise!.Arusha. Mwanasiasa mkongwe nchini Christopher Mtikila ameshinda kesi aliyofungua Mahakama ya Haki za Binadamu ya Afrika (AfCHPR) mjini Arusha akidai Tanzania inakiuka demokrasia inapozuia wagombea binafsi.
Katika hukumu iliyosomwa leo jioni, mahakama imesisitiza kuwa kwa kulazimisha viongozi watoke vyama vya siasa, Tanzania inawanyima wananchi wake fursa huru ya kushiriki kwenye uongozi.
Mchungaji Mtikila, ambaye ana historia ndefu ya kukwaruzana na serikali ya Chama Cha Mapinduzi, alifungua shauri mahakama ya Afrika mwaka 2011 baada ya jitihada zake za kupindua mabadiliko ya kikatiba yaliyofuta ugombea binafsi kugonga mwamba kwenye mahakama za kitaifa
Chanzo: Mwananchi