Court orders Tanzania government to amend political parties act

Arusha. Tanzania government has been ordered to amend the Political Parties Act, 2019.

The regional Court ruled out yesterday that the legislation contracted the Treaty for the Establishment of the East African Community (EAC).

But, in a quick rejoinder yesterday, government spokesman Gerson Msigwa told Mwananchi that, “The government has received the ruling, it is contemplating its next move.”

However, in the ruling, the East African Court of Justice (EACJ), the judicial organ of EAC, said the Act has to be reviewed to comply with the EAC Treaty.

“Some sections of the law are in violation to the EAC Treaty,” said Judge Charles Nyachae when delivering the judgement the First Instance Division of the Court.

The case against the Political Parties Act was filed before EACJ by five political parties and the Legal and Human Rights Centre (LHRC) in 2019.

They urged the Tanzania government to amend the law because some sections of it violated the EAC Treaty for which Tanzania is a member and hence a signatory.

The ruling of case number three and four of 2019 filed by the parties and LHRC respectively was read before the packed EACJ court chamber at the EAC headquarters.

Judge Nyachae of the First Instance Division read the judgement as members of the political parties, LHRC and other interested parties filled the room.

The political leaders were led by Freeman Mbowe, the chairman of Chadema and until 2020, the Leader of Official Opposition in Tanzania Parliament.

The Political Parties Act was passed by the National Assembly on January 29, 2019 signed by President John Magufuli and published in the Government Gazette.

However, it was vehemently opposed by the opposition parties and activists who strongly argued that some of its sections contradicted with the EAC Treaty.

Tanzania is a founder member of the EAC being a signatory to the Treaty on November 30th, 1999, alongside Uganda and Kenya.

The Treaty was enforced on July 1, 2000, officially creating the Community of three partner states: Tanzania, Uganda and Kenya.

The litigants argued that the Political Parties law that Tanzania enforced was geared to suppress democracy, good governance and freedom of association.

Speaking after the judgement Mr Mbowe, hailed the Court verdict, saying the Tanzania government used the law to criminalise democratisation and kill the opposition.

“Under this law, there is no freedom of political association, right to opposition parties and that is why it needs amendments,” he told reporters in Arusha.

Justice Nyachae read the judgement on behalf of a panel of five judges and ordered each party to the case to bear their costs.