The East African Court of Justice 20th February 2023, The Appellate Division heard Appeal No. 5 of 2022 The Attorney General of the United Republic of Tanzania versus Freeman A. Mbowe & others.
The Appeal is challenging the decision of the First Instance Division delivered on 25th March 2022. In its decision, the FID declared that provisions of sections 3,4,5,9,15, and 29 of the Political Parties (Amendment) Act. No.1 of 2019 violate Articles 6 (d) 7 (2) & 8(1) (c) of the Treaty and directed the Govt of Tanzania to take such measures as necessary to bring the said Political Parties (Amendment) Act, in conformity with the Treaty for the Establishment of the East African Community.
It was the Applicants’ case that some provisions of the Political Parties (Amendment) Act, No.1 of 2019, enacted to amend and add some provisions in the Political Parties Act, Cap 258 (The Principal Act) contain unjustified restriction on the freedom of association, is discriminative, restricts people’s rights to participate in public affairs, denies people’s rights to personal security and safety and therefore violates the Treaty.
The Parties highlighted on their written submissions and Court will deliver the judgment on notice.
The Attorney General of Tanzania (Appellant) was represented by Counsels Mweyunge Edson, Mark Mulwambo both Principal State Attorney & Jackline Kinyasi State Attorney, the Respondents were represented Counsel Jebra Kambole & Amani Joachim.