38 “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.

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