17
informed them that their comments on the same, if any, had to be sent
within thirty (30) days.
65.
By a Note Verbale dated 31 August 2012 and received at the
Registry by electronic mail of the same date and in hard copy on 3
September 2012, the Respondent transmitted to the Registrar its
comments on the verbatim record of the public hearings; however, no
comments were received from the Applicants.
Historical and factual background to the applications
66.
The Court briefly sets out below the historical and factual
background to the two applications.
67.
In 1992, the National Assembly of the United Republic of Tanzania
(“the Tanzanian National Assembly”) passed the Eighth Constitutional
Amendment Act, which entered into force in the same year. It required
that any candidate for Presidential, Parliamentary and Local Government
elections had to be a member of, and be sponsored by, a political party.
68.
In 1993, Reverend Christopher R. Mtikila, the 2nd Applicant, filed a
Constitutional Case in the High Court of the United Republic of Tanzania
(“the High Court”) in Rev Christopher Mtikila v The Attorney General,
Civil Case No.5 of 1993 (“Civil Case No.5 of 1993”), challenging the
amendment to Articles 39, 67 and 77 of the Constitution of the United
Republic of Tanzania and to Section 39 of the Local Authorities