34
92.
They are also relying on Articles 3 and 25 of the International
Covenant on Civil and Political Rights (ICCPR) and Article 21(1) of the
Universal Declaration of Human Rights (UDHR).
93.
In summary, they contend that the judgment of the Tanzanian
Court of Appeal, Articles 39, 47, 67 and 77 of the Constitution of the
United Republic of Tanzania 1977, and the Local Authorities (Election)
Act No. 7 of 2002, which collectively require that candidates for
Presidential, Parliamentary and Local Government elections must be
members of and be sponsored by a Political Party, constitute a violation
of Articles 2, 10 and 13 of the Charter and Articles 3 and 25 of the
ICCPR.
94.
The Respondent, on its part, states that the decision on whether or
not to introduce independent candidature in Tanzania is dependent on
the social needs of the country, based on its historical reality.
The
Respondent argues that the issue of independent candidature is political
and not legal. This argument is in line with the decision of the Tanzanian
Court of Appeal.
95.
The
Respondent
contends
further
that
the
restriction
on
independent candidature is a means for avoiding absolute and
uncontrolled liberty “whole and free from restraint which would lead to
anarchy”.