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