Govt wants Kubenea’s petition on Constituent Assembly dismissed
Kubenea’s lawyer, Mr Peter Kibatala (left), clarifies as point to the deputy attorney general George Masaju in the High Court, Dar es Salaam Zone, yesterday shortly after the latter filled an objection against a petition by Kubenea on Constituent Assembly sessions currently on in Dodoma. PHOTO I Rafael Lubava.
What you need to know:
According to the preliminary objection filed in the High Court by deputy attorney general George Masaju, the application was imperfect
Dar es Salaam. The government yesterday filed a preliminary objection against a petition seeking to suspend the ongoing Constituent Assembly (CA) lodged by journalist Saed Kubenea.
According to the preliminary objection filed in the High Court by deputy attorney general George Masaju, the application was imperfect.
Mr Kubenea, through advocate Peter Kibatala, on August 22, filed a petition along with an application seeking an order to stop the ongoing CA sessions pending interpretation by the court of the assembly powers.
He wants the court to give clarification on whether the assembly can overturn proposals contained in the Second Draft Constitution tabled by the Constitutional Review Commission (CRC) in the House.
However, in its preliminary objection, the government said that the prayer sought by the applicant ‘is frivolous, vexatious and not justiciable’ in law as it was supported by a defective affidavit.
“We are asking the court to dismiss the application in its entirety with costs,” said part of the preliminary objection note.
The application by Mr Kubenea and the preliminary objection filed by the government will be heard today before a panel of three judges comprising Mr Justice Augustine Mwarija, Mr Justice Fauz Twaib and Mr Justice Aloyisius Mjuluzi.
