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establishing and maintaining a political party. It cannot be said he has
not been prevented from freely participating in the government of his
Country. He tried it once and if he no longer wishes to go that route, he
has the right to seek to insist on the strict observance of his Charter
rights. And having chosen not to form his own party, must he be
excluded? Certainly not. Indeed, it is even arguable that, even if the
Applicant has successfully formed a political party, he cannot be stopped
from challenging the validity of the laws in question and from asserting
that the same amounts to a violation of the Charter. A matter such as this
one cannot and must not be dealt with as though it were a personal
action, and it would be inappropriate for this Court to do so. If there is
violation, it operates to the prejudice of all Tanzanians; and if the
Applicants’ application succeeds, the outcome inures to the benefit of all
Tanzanians.
111.
The Court therefore finds a violation of the right to participate
freely in the government of one’s country since for one to participate in
Presidential, Parliamentary or Local Government elections in Tanzania
one must belong to a political party. Tanzanians are thus prevented from
freely participating in the government of their Country directly or through
freely chosen representatives.
The right to freedom of association.
112.
It is the contention of the Applicants that the restriction requiring
affiliation to a political party has impaired the freedom of association for