The African Court of Human and People’s Rights ruled on Friday that by prohibiting independent candidates to contest presidential, parliamentary and local government elections, the government violated democratic principles and political rights of its citizens.
Arusha. Outspoken politician Rev Christopher Mtikila has won a case against constitutional amendments which barred independent candidates from contesting elective posts, including the presidency.
The African Court of Human and People’s Rights ruled on Friday that by prohibiting independent candidates to contest presidential, parliamentary and local government elections, the government violated democratic principles and political rights of its citizens.
Speaking after the judgement, Rev Mtikila said that the ruling was a victory, not only to himself, but for the 45 million Tanzanians. He said that he respected the AU court and would be waiting to see the goverment abide by the ruling.
The case was filed before the Arusha-based court on June 2, 2011 by the Tanganyika Law Society (TLS) and Legal and Human Rights Centre (LHRC) on behalf Rev Mtikila. It challenged constitutional amendments which barred Tanzanians to seek elective posts unless they were members of a political party.
The applicants also claimed that the government, through certain amendments of its Constitution, violated its citizens’ right to freedom of association and the right to participate in public/government affairs.
The current Constitution of the United Republic of Tanzania provides that a candidate has to be a member of and/or be sponsored by a political party as per the 8th Constitutional Amendment of 1992 and the 11th Constitutional Amendment Act No. 34 of 1994.
The suit further alleges that the amendments contravened Article 2 (Right to protection against discrimination of any kind) of the African Charter on Human and People’s Rights and also violated Articles 3 and 25 of the International Convenant on Civil and Political Rights (ICCPR. Tanzania is a party to both instruments of international human rights.
In its defence, the respondent, the government of Tanzaia, argued that the prohibition of independent candidates was a way of avoiding “absolute and uncontrolled liberty” which would lead to anarchy and disorder in the country and that the measure was appropriate for good governance and unity.
The government was represented by a team of lawyers from the Attorney General’s office led by the deputy Attorney General, Mr George Masaju.
, further argued that the prohibition of independent candidates for positions of government leadership was necessary for national security, defence, public order, peace, morality or for avoiding tribalism.
But in its ruling read by the President of the Court, Ms Sophia Akuffo, the AU court downplayed the respondent’s arguments that could justify the reasons for restrictions on individuals not aligned to any political party the right to participate freely in the government affairs or occupy leadership positions.
The court, by majority, ruled that by denying its citizens to participate freely in the government of their country directly or through freely chosen representtives, the Tanzanian government had violated Articles 2,3,10 and 13 (1) of the African Charter on Human and People’s Rights.
It ordered the government 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.
