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Friday, 20 June 2014

The issue of independent candidates no longer debate

Reverend Mtikila.
African Court of Human Rights has written a history in our country, after making the long journey iliyohitimisha judgment of citizens wanting independents should be allowed in local government elections, parliamentary and presidential. We say that court records and history because it gets rejected by the Government more than four decades now, even at the highest court in zilipotamka that the presence of independent candidates is a constitutional right of every citizen.
Most people probably do not know that our country used to be and independents. In multi-party general elections of 1960, the ruling TANU They lost a parliamentary seat in the State of Mbulu, after Herman Elias Sarwatt who contested the seat as an independent candidate to win.
This victory and another of some candidates of the opposition parties in the ruling party's shocking and then kilipotumia parliamentary majority in parliament to change the constitution and dissolve opposition parties and independent candidates, making it Tanganyika land of one-party rule.
So the restoration of multiparty system in 1992 raise the issue of independent candidates. The government continued to reject an independent candidate, saying each candidate must be a member of a political party. Then in 1993 Pastor Christopher Mtikila opened a case of constitutional in the Supreme Court, Zone Dodoma iliyosikilizwa and Justice Kawha Lugakingira who agreed with his argument that running as an individual is the right of every citizen according to the Constitution, for the right to choose leaders eligible to run for the leadership.
But in a surprising state in 1994, the Government to use its parliamentary majority in parliament ensured vase makes 11 changes to the Constitution in Article 34 to prevent independents. Then in 2005, the Rev. Mtikila opened the case the Supreme Court, Dar es Salaam forbidding such amendments to the Constitution. Finally, a panel of three judges under Judge, Captain Manento Mtikila Shepherd agreed to move to allow independent.
2010 was a surprise to many to see the Government ikikata appeal to the Supreme Court. The court's seven judges were hearing this case under former Chief Justice Augustino Ramadhani. The government claimed in his appeal that no court in a legal capacity to hear cases requiring independent candidate and that the lower courts zilijipachika parliamentary power to legislate rather than interpret. In the judgment harshly criticized by many, the court, as well as agree to move to the right of every citizen to elect or be elected without being a member of a political party, said it is not the role of courts in political kujielekeza.
Then Pastor Mtikila appealed to the African Court of Human Rights in Arusha and June last year, the court issued a victory for the appellant to commit the government of Tanzania to report within six months on how inavyotekeleza the sentence.

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