Now Mtikila wants High Court to annul pensions law
 
2006-05-11 09:56:29
By Keregero Keregero

	Reverend Christopher Mtikila

Reverend Christopher Mtikila has filed a petition in the High Court in Dar es Salaam challenging the constitutionality of some provisions of the National Social Security Act.

The petition, which was lodged yesterday, wants the Court to declare unconstitutional some provisions of the National Social Security Act.

Enjoined in the petition are Anna Mkumbwa, George Mwafalo and Douglas Sallu, who want the Court to strike out sections 62 and 63 of the said law.

Respondents in the petition are the Attorney General, Registered Trustees of the National Social Security Fund, Registered Trustees of the Public Service Pensions Fund and Quality Group Limited, who are first, second, third and fourth respondents, respectively.

The petitioners also want provisions of Section 53(b) and 53(e) of the Public Service Retirement Benefits Act to be declared unconstitutional and repealed accordingly.

They are further seeking the Court to declare provisions of Section 66 of the Public Service Retirement Benefits as discriminatory and therefore unconstitutional.

They are seeking the Court’s intervention on the grounds that some of the provisions of the Act are open to abuse and discriminatory, hence unconstitutional.

The petitioners, also want the Court to direct Parliament to make appropriate amendments to the provisions in question or have them replaced to remedy the shortcomings complained of in the petition.

Rev Mtikila, who was last week praised by three High Court judges for his determination to correct the anomalies in law and constitution, further seeks its intervention by declaring that the second and third respondents have abused and exceeded their statutory powers and duties with regard to the disbursement of loans to commercial enterprises as well as purchasing property contrary to the scheme and objectives of the statutory establishment of the two pension funds.

The petitioners, are also asking the court to declare as null and void the sale of the properties thereto to the second and third respondents.

They also want the court to issue further orders, as it may deem fit, to maintain the integrity of the Constitution and the laws of the nation.

• SOURCE: Guardian