In the Consolidated Matter of
1. Tanganyika Law Society
2. The Legal and Human Rights Centre
V.
The United Republic of Tanzania
Application No. 009/2011
And
Reverend Christopher R. Mtikila
V.
The United Republic of Tanzania
Application no. 011 /2011
-------------Separate opinion: B. M. Ngoepe, Judge
1)
I agree with the majority judgment, of which I am part, in all respects. lt is a
judgment which, to any seriously diligent reader, whether they agree with it or
not, has been written with sufficient clarity and lucidity of thought.
I have,
however, felt the need to write a separate opinion on a conundrum which has
been vexing this Court for some time and which has manifested itself in this
judgment differently from the way it has done in the past. lt is this: in writing a
judgment, should this Court always, in every matter, deal with admissibility first
and only thereafter with jurisdiction , or vice-versa? Unlike in previous judgments,
1
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