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(Elections) Act 1979 (as later amended by the Local Authorities
(Elections) Act No. 7 of 2002) through the Eighth Constitutional
Amendment Act referred to above. The 2nd Applicant contended in the
High Court, that the amendment conflicted with the Constitution of the
United Republic of Tanzania and was therefore null and void.
69.
On 24 October 1994, the High Court delivered its judgment in Civil
Case No.5 of 1993 in favour of the 2nd Applicant, declaring as
unconstitutional the amendment which sought to bar independent
candidates from contesting Presidential, Parliamentary and Local
Government elections.
70.
In the meantime, the Government had on 16 October 1994, tabled
a Bill in Parliament (Eleventh Constitutional Amendment Act No. 34 of
1994) seeking to nullify the right of independent candidates to contest
Presidential, Parliamentary and Local Government Elections.
71.
On 2 December 1994, the Tanzanian National Assembly passed
the Bill (Eleventh Constitutional Amendment Act No. 34 of 1994) whose
effect was to restore the Constitutional position before Civil Case No.5 of
1993 by amending Article 21(1) of the Constitution of the United Republic
of Tanzania. This Bill became law on 17 January 1995 when it received
Presidential assent. This law negated the High Court’s judgment in Civil
Case No.5 of 1993.