Govt submits to court five objections to case filed by media stakeholders

What you need to know:

  • Before Judge Joaquine De-Mello, state attorney Mark Mulwambo assisted by Castus Ndamugoba argued that the court had no legal powers to hear and determine the matter and applicants had no legal right to file the case and that they had not clearly cited proper provisions to support their claims.

Mwanza. The government has submitted five objections to a constitutional case filed by media stakeholders against the Media Services Act, 2016.

Before Judge Joaquine De-Mello, state attorney Mark Mulwambo assisted by Castus Ndamugoba argued that the court had no legal powers to hear and determine the matter and applicants had no legal right to file the case and that they had not clearly cited proper provisions to support their claims.

The state lawyers also argued that apart from several mistakes on their affidavit, the petitioners also had no basic arguments to convince the court to hear and determine the case.

"Based on these arguments, it is our opinion that the court should struck out the case with costs," pleaded Mr Mulwambo.

The application No 2/2017 was filed by the Union of Tanzania Press Clubs (UTPC) and the Hali Halisi Publishers Limited against the Attorney General at the High Court in Mwanza Division on January 9.

Among other things, the applicants claim that the Act violates Article 18 of the Constitution of the United Republic of Tanzania, which provides for freedom of information, opinion and expression.

After hearing the objections Judge Joaquine De-Mello ordered the respondents to submit their arguments in writing before or on February 16. The applicants will respond to the arguments before or by February 22 to allow the court to give the ruling on March 9.

Applicants’ counsel Jebra Kambole and Edwin Alon promised to respond to the objection as ordered by the court.