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“193. The Court considers that the State has justified that the
registration of candidates exclusively through political parties
responds to compelling social needs based on diverse historical,
political and social grounds. The need to create and strengthen the
party system as a response to an historical and political reality; the
need to organize efficiently the electoral process in a society of 75
million voters, in which everyone would have the same right to be
elected; the need for a system of predominantly public financing to
ensure the development of genuine free elections, in equal
conditions and the need to monitor efficiently the funds used in the
elections, all respond to essential public interest. To the contrary,
the representatives have not provided sufficient evidence that, over
and above their statements regarding the lack of credibility of the
political parties and the need for independent candidates, would
nullify the arguments put forward by the State.”
104.
The Respondent elaborated on what it described as the historical
and social realities leading to the prohibition of independent candidates.
According to the Respondent, after independence, Tanzania had a multiparty system but the one-party system was instituted to cement national
unity. Multi-party democracy was reintroduced in the early 90s and
through the Eighth Amendment to the Constitution, particularly Articles
39, 47 and 67, independent candidacy was prohibited. These provisions
were enacted at a time when Tanzania was a young democracy and
were necessary so that multi-party democracy is strengthened.