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

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