On 16 October 1994, the Respondent tabled a
Bill in Parliament
(the Eleventh
No.
Constitutional
Amendment
Act
34 of 1994)
seeking to nullify the right to independent candidates to contest
Presidential, Parliamentary and Local Government elections.
On
24
October
Miscellaneous
Applicant
1994,
Civil
and
the
High
Cause
declaring
Court
No.5
that
of
issued
1993
its judgment
in
favour
independent
in
of the
candidates
for
Presidential, Parliamentary and Local Government elections are
legally allowed.
On 2 December 1994, the Tanzanian National Assembly passed
the Bill (Eleventh Constitutional Amendment Act No.34 of 1994)
whose effect was to maintain the Constitutional position before
Miscellaneous
21(1)
This
Civil Cause
of the Constitution
Bill became
law
No.5 of 1993,
of the United
on
17
January
by amending
Republic
1995
Article
of Tanzania.
when
it received
Presidential assent thus negating the High Court's judgment in
Miscellaneous Civil Cause No.5 of 1993.
In 2005, the Applicant instituted Miscellaneous Civil Cause No.
10 of 2005,
Christopher Mtikila v Attorney General in the High
Court of Tanzania,
67 and
challenging the amendments
77 of the Constitution
contained
in the
Eleventh
1994.
5 May
2007,
On
to Articles 39,
of the Republic of Tanzania
Constitutional
the Court
again
Amendment
found
Act
as
of
in his favour,
holding that the impugned amendments violated the democratic
5 on
fi
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