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candidates from contesting Presidential, Parliamentary as well as Local
Government elections.
89.3
It
is
contended,
firstly,
that
the
prohibition
constitutes
discrimination against independent candidates. Secondly, that it violates
the right to freedom of association and also the right to participate in
public or government affairs in one’s country. It is argued that the
requirements for forming a political party are onerous; for example, a
political party must have certain quota numbers by regions; it must also
have members not only from the Mainland, but also from Zanzibar. One
could not enjoy the exercise of one’s political rights unless one belonged
to a political party; the Applicants, therefore argue that there is no
freedom of association.
90.
Respondent’s Case On The Merits
90.1 The Respondent argues that the prohibition of independent
candidates is a way of avoiding absolute and uncontrolled liberty, which
would lead to anarchy and disorder; the prohibition is necessary for good
governance and unity. Therefore the qualifications for election to the
positions of President of the United Republic of Tanzania, Member of
Parliament and in Local Government has been regulated by articles
39(1) and 67(1) (b) of the Constitution of the United Republic of Tanzania
1977, and section 39(f) of the Local Authorities (Elections) Act, Cap 292,
respectively. The prohibition on independent candidates for positions of
government leadership is necessary for national security, defence, public
order, public peace and morality. Respondent further argues that the