THE EAST AFRICAN COURT OF JUSTICE (EACJ) APPELLATE DIVISION ON 26TH MAY 2023 DISMISSED APPEAL NO. 5 OF 2022.
The EACJ Appellate Division on 26th May 2023 dismissed Appeal No. 5 of 2022 The Attorney General of the United Republic of Tanzania vs Freeman A. Mbowe, Zitto Zuberi Kabwe, Hashim Rungwe, Salim Mwalim, and LHRC and upheld the decision of the Trial Court.
The Appeal filed by the Attorney General was challenging the decision of the EACJ First Instance Division delivered on 25th March 2022 in the consolidated Reference No. 3 and 4 of 2019. In its decision, the EACJ declared that provisions of Sections 3, 4, 5, 9, 15, and 29 of the Political Parties (Amendment) Act which amended the principal Act, the Political Parties Act, Cap 258, violate the Articles of the Treaty for the Establishing of the EAC and directed the Government of Tanzania to take such measures as necessary to bring the said legislation in conformity with the Treaty for the Establishment of the EAC.
On 25th March 2022 the EACJ First Instance Division issued the judgment declaring the provisions of Sections 3, 4, 5, 9, 15, and 19 of the Political Parties (Amendment) Act, No.1 of 2019, contain unjustified restrictions on the freedom of association, is discriminative, restricts people's rights to participate in public affairs, therefore violates the Treaty. Aggrieved by the judgment the Attorney General of the United Republic of Tanzania appealed at the Appellate Division of the court.
On the deliverance of the judgment the Attorney General of Tanzania (Appellant) was represented by Counsel Mkama Musalama State Attorney and the Respondents were represented by Advocate Melchizedek Joachim from LHRC.