32 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

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