49
113.
It is the view of the Court that freedom of association is negated if
an individual is forced to associate with others. Freedom of association is
also negated if other people are forced to join up with the individual. In
other words freedom of association implies freedom to associate and
freedom not to associate.
114.
The Court therefore finds that by requiring individuals to belong to
and to be sponsored by a political party
in seeking election in the
Presidential,
Government
Parliamentary
and
Local
posts,
the
Respondent has violated the right to freedom of association. This is
because individuals are compelled to join or form an association before
seeking these elective positions.
115.
The Court is not satisfied that the social needs argument raised
by the Respondent , which has already been dealt with,
meets the
exceptions in Articles 29(4) and 27 (2) of the Charter to such an extent
that it justifies the limitation of the right to freedom of association .
The right not to be discriminated against and the right to equality
116.
The Applicants allege that the constitutional provisions which
prohibit independent candidature have the effect of discriminating
against the majority of Tanzanians, therefore violating the right to
freedom from discrimination enshrined in Article 2 of the African Charter.
The Article provides:
“Every individual shall be entitled to the enjoyment of the rights and
freedoms recognized and guaranteed in the present Charter