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Govt to appeal against verdict of independent candidates
2006-05-09 09:11:40
By Guardian Reporter
The government intend to appeal against a High Court judgment that gave the green light to individuals to vie for presidential and parliamentary seats without necessarily being backed by a political party.
Speaking to The Guardian at his office in Dar es Salaam yesterday, the Director of Constitution and Human Rights in the Ministry of Legal and Constitutional Affairs, Frederick Werema, said the government was studying the judgment and would move to the Court of Appeal within 14 days, effective yesterday, seeking a stay of the verdict.
Werema, however, said the government would be appealing against sections of the judgment and not the entire verdict.
’This decision requires the clarification of a superior court to clear some misunderstandings,’ Werema said.
He said the decision over when and how to lodge the appeal lies with the Attorney General.
According to him, legal procedures require the appellant first to file a notice before filing the appeal.
The government’s intention to appeal comes three days after the High Court arrived at the verdict allowing independent candidates to run for civic, parliamentary and presidential positions during general elections.
In its judgment on Friday last week, a three-judge bench said the elections law that banned independent candidates was null and void and violated the country’s constitution.
The judgment was entered in respect of a petition filed by the leader of Democratic Party.
Rev Christopher Mtikila, challenging the constitutionality of the law.
The three-judge, bench led by Principal Judge Amir Manento and Judges Salum Massati and Thomas Mihayo made the landmark judgment.
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