36
participate in the the governance of Tanzania surely derogates from the
rights enshrined in Article 13 (1) of the Charter. Although, the exercise of
this right must be in accordance with the law.
100. The enjoyment of this right is also restricted by article 27(2) of the
Charter which provides that:
“The rights and freedoms of each individual shall be exercised with
due regard to the rights of others, collective security, morality and
common interest.”
Further, the duty set out in Article 29(4) of the Charter which requires
individuals, “To preserve and strengthen social and national solidarity,
particularly when the latter is threatened;” also limits the enjoyment of
this right.
101. The Respondent, in support of the said restrictions calls in aid the
principle of necessity based on the social needs of the people of
Tanzania. What are these social needs?
102.
In response to the questions put by the Court during the hearing,
the Respondent stated that the circumstances prevailing in Tanzania
demand that the prohibition of independent candidates be maintained.
According to the Respondent, this is in view of the structure of the Union,
the United Republic of Tanzania comprising Mainland Tanzania and
Tanzania Zanzibar. They contended that the restriction that there should
be at least a minimum number of members of a party from the Mainland
and from Zanzibar is justifiable and that the requirements to be