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met regarding the registration of political parties have resulted in no
tribalism in Tanzania. The Respondent argues that the law merely sets
out the procedure of exercising the right but does not restrict it and that
the procedure merely sets out the minimum obligations one has to
discharge in order to enjoy the rights and that these are reasonable.
103.
The Respondent reiterated the position of the the Court of Appeal
in Civil Appeal No. 45 of 2009 which was similar to the decision in the
Inter – American Court of Human Rights Castañeda Gutman v Mexico,
Judgment of 6 August
2008 Series C No 184 to the effect that the
decision to introduce independent candidates depends on the social
needs of each state based on its historical reality. The Respondent cited
paragraphs 192 and 193 of the judgment in the Castañeda Gutman v
Mexico case as follows:
"192. The systems that accept independent candidates can be
based on the need to expand and improve participation and
representation in the management of public affairs and to enable a
greater rapprochement between the citizens and the democratic
institutions; while the systems that opt for the exclusivity of
candidacies through political parties can be based on different
social needs, such as strengthening these organisaitons as
essential instruments of democracy, or the efficient organization of
the electoral process. These needs must ultimately respond to a
legitimate purpose in accordance with the American Convention.