39 105. The Respondent also elaborated on the alleged mischief which sought to be addressed by the Eleventh Constitutional Amendment. They stated that prior to the passing of Eleventh Constitutional Amendment, a reading of Article 21 of the Constitution dealt exclusively with the right to participate in national public affairs, while the qualifications for party affiliation for Presidential, Parliamentary, as well as Local Government posts, were enshrined in Articles 39, 47 and 67 of the Constitution. Therefore, Article 21 of the Constitution was read in isolation from the provisions dealing with the requirement of party affiliation for participation in national public affairs. This was a mischief which was caused by non-harmonisation of the two sets of provisions. The Eleventh Constitutional amendment was meant to cure this mischief by harmonizing and cross referring the provisions dealing with party sponsorship, that is, Articles 39, 47 and 67 to Article 21 which deals with the right to participate in public affairs. They also maintained the already existing provisions by solidifying and concretizing them. Similarly, the intention of the government was to allow participation in public affairs through political parties, bearing in mind that the amendments were only made two years after the enactment of the Political Parties Act in 1992 and Tanzania was still in the throes of establishing a multiparty democracy. The country, at the time, was as yet to hold its very first general election under the multi-party system, and it was still at its infant stage of multiparty democracy, and there was not any compelling social need for independent candidature.

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