State wants presidential term case dismissed

Wednesday September 18 2019


By Tausi Ally @TheCitizenTz

Dar es Salaam. The government has asked the High Court to dismiss a petition by a Dar es Salaam resident, who seek removal of constitutional provisions that set presidential term limit.

State attorney Mr Daniel Nyakiha raised eight preliminary objections against Dezydelius Mgoya petition, when the case was heard for the first time yesterday.

The State argued that the court has no jurisdiction to entertain the case and that Mr Mgoya has no right to bring the matter under Section 3, 4, 5 and 6 of the Basic Rights and Duties Enforcement Act.

Mr Nyakiha told a panel of judges led by the Principal Judge Eliezer Feleshi that an affidavit supporting the petition was defecting for not meeting some meet legal requirements. Other judges presiding over the case are Dr Benhajj Masoud and Mr Seif Kulita.

The State lawyer further argued that the petition failed to meet the requirement provided by section 33 of the Civil Proceeding Code.

Responding to the objections, Mr Mgoya asked the court to give him seven days to respond.


“I was only served with the objections this morning so I need time to go through them before I make my response,” said Mr Mgoya.

Mr Feleshi adjourned the case to September 24 to give time for Mr Mgoya, who is representing himself, to respond.

Mr Mgoya filed the constitutional petition in August 30, questioning the legality of presidential term limits.

The respondent in case number 19 of 2019 is the Attorney General (AG) who is also government’s chief legal adviser.

The petition filed the case under section 4 of The Basic Rights and Duties Enforcement Act of 1994 in line with the Article 30 (3) of the Constitution of the United Republic of Tanzania of 1977.

Mgoya is questioning the legality of Article 40 (2) of the Constitution of the United Republic of Tanzania which provides term limits for one to occupy the office of the President of the United Republic.

He is asking the court to issue a declaration and an accurate interpretation and outline the impact of Article 40 (2) of the constitution.

He is also asking the Court to issue the right and vivid legal interpretation of Article 42 (2) of the Constitution of the United Republic of Tanzania and how it (the Article) relates with Articles 13, 21 and 22 of the same mother law.

Article 13 speaks about the equality of people before the law while Article 21 is about citizens’ freedoms to participate in public affairs whereas Article 22 gives every citizen the right to work.