that the sameis justifiable since there is a reasonable relationship of proportionality between the means adopted and the result sought to be achieved, which is the “protection of the United Republic of Tanzania’s sovereignty...”. The Respondent State has also invoked the doctrine of margin of appreciation as justifying the measures that it has devised through article 41(7) of its Constitution. 75. The Court notes, however, that article 41(7) of the Respondent State’s Constitution creates a differentiation between litigants in that while the Respondent State’s courts are permitted to look into any allegation by any litigant, they are not given equal latitude when a litigant seeks to inquire into the election of a president. The result is that those seeking to inquire into the election of a president are, practically, treated differently from other litigants, especially by being denied access to judicial remedies while litigants with other claims are not similarly barred. 76.The Court emphasises that while article 41(7) of the Respondent State’s Constitution is, seemingly, neutral on its face and that it, in principle, applies to all citizens within the Respondent State, this provision does not have the same effect on all citizens. It is trite that in a multiparty democracy, like the Respondent State, during any election, the electorate would vote for different candidates. In this sense, therefore, there will be, within the broad group of voters, different subgroups depending on their political persuasion. While those supporting winning candidates may not have the motivation to approach electoral process, the other subgroups the courts for relief in relation to the of voters may be desirous of seeking judicial intervention to enforce their rights. 77.By outrightly barring the Courts from considering a complaint by anyone in relation to the results of a presidential election, in effect, article 41(7) of the Respondent State’s Constitution treats citizens that may wish to judicially challenge the election of a president differently and less favourably as compared grievances other than those related to the election of a president. 21 to citizens with