6. The LHRC, it must be noted, was a not a party to the petition filed by Bob Chacha Wangwe before the Respondent State’s High Court but jointly filed this Application before the Court. B. Alleged violations 7. The Applicants allege that the composition of the Electoral Commission, as stipulated under section 4(1) of the NEA, violates “Article 1, 13(1), 21(1) & 3, 25(2) & 26, 21(1) & 21(2), 74(7) & 74(14) of the Charter, UDHR, ICCPR and the URTC5 respectively” since it does not guarantee its independence and impartiality. 8. The Applicants also allege a violation of “Articles 1, 3, 13(1), 21(1) & (2), 25(2) and 74(7) of the Charter, UDHR, ICCPR and the URTC respectively” by section 6(1) of the NEA since the Respondent State’s President (hereinafter referred to as “the President”) is empowered to “appoint a Director of Elections from the civil service after recommendations from Electoral Commission …”. According to the Applicants, this “… prohibits other persons who are not civil servants from having a fair chance of being appointed as Director of Elections …”. 9. The Applicants further allege that section 7(1) of the NEA violates their rights under “Articles 1, 3, 13(1), 21(1) & (2), 25(2) and 74(7) of the Charter, UDHR, ICCPR and the URTC respectively” for directing that presidential appointees such as the City Director, Municipal Director, Town Director and District Executive Director be returning officers for elections conducted within their areas. 10. It is the Applicants’ further averment that section 7(2) of the NEA violates “Article 1, 3, 13(1), 21(1) & (2), 25(2) and 74(7) of the Charter, UDHR, ICCPR and the URTC respectively” by permitting the Electoral Commission “to appoint by office or name from amongst public officers, such number of 5 The Applicants use “URTC” to refer to the United Republic of Tanzania Constitution. 4

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