19
72.
In 2005, 2nd Applicant instituted another case in the High Court
Christopher Mtikila v The Attorney General, Miscellaneous Civil Cause
No. 10 of 2005, again challenging the amendments to Articles 39, 67 and
77 of the Constitution of the United Republic of Tanzania as contained in
the Eleventh Constitutional Amendment Act of 1994. On 5 May 2006, the
High Court once more found in his favour, holding that the impugned
amendments violated the democratic principles and the doctrine of basic
structures enshrined in the Constitution. By this judgment, the High Court
again allowed independent candidates.
73.
In 2009, the Attorney General appealed to the Court of Appeal of
the United Republic of Tanzania (“the Court of Appeal”), in The
Honourable Attorney General v Reverend Christopher Mtikila Civil
Appeal No.45 of 2009 (“Civil Appeal No. 45 of 2009”), against the above
judgment of the High Court. In its Judgment of 17 June 2010, the Court
of Appeal reversed the High Court’s judgment, thereby disallowing
independent candidates for election to Local Government, Parliament or
the Presidency.
74.
The Court of Appeal ruled that the matter was a political one and
therefore had to be resolved by Parliament. Afterwards, Parliament set in
motion a consultative process aimed at
obtaining the views of the
citizens of Tanzania on the possible amendment of the Constitution. At
the hearing, it was confirmed to the Court that the process was still
ongoing.