1. Court & Citation
Court of Appeal of Tanzania (Dar es Salaam) – Civil Appeal No. 49 of 2016. Coram: Rutakangwa, Mussa, Juma, Mwarija & Mugasha JJA (Juma JA delivering the judgment). Judgment delivered 1 July 2016media.tanzlii.orgmedia.tanzlii.org.
2. Legal Issue / Principle
Whether a registered voter has statutory standing under section 111(1)(a) of the National Elections Act to file an election petition without pleading that his or her own vote was affectedmedia.tanzlii.org. Put differently, must voters show a personal deprivation of voting rights to challenge election results under the Act?
3. Case Summary (Facts)
- Four appellants (Magambo Masato, Matwiga Matwiga, Janes Ezekiel, Ascetic Malagila) were registered voters in Bunda Urban Constituency and voted in the 25 Oct 2015 parliamentary election. Esther Amos Bulaya (CCM) was declared the winnermedia.tanzlii.org.
- The appellants alleged the election was “fraught with non-compliances and irregularities” affecting the fairness of the resultmedia.tanzlii.org, and filed a petition in the High Court at Mwanza seeking to nullify Bulaya’s election. They named Bulaya and the Returning Officer (and AG) as respondents.
- The respondents filed a preliminary objection: they argued that the first three petitioners (ordinary voters) “have no locus standi to file… this Petition” because they did not plead how any alleged irregularity affected their own votesmedia.tanzlii.org. Even the fourth appellant (a losing candidate) was said to lack standing absent proof of personal prejudice.
- Gwae J sustained the objection and struck out the petition. The judge held that, under then-prevailing precedent, the petitioners (as mere voters) had no right to petition unless they showed their voting rights had been infringed. The petition was dismissed for want of locus standimedia.tanzlii.org.
4. Key Holding / Ratio
- Statutory Standing for Voters: The Court of Appeal held that section 111(1)(a) plainly grants standing to any person who voted (or had a right to vote) in the electionmedia.tanzlii.org. That language by itself “includes the voters in the list of persons who are vested with statutory locus standi to institute a petition challenging the election”media.tanzlii.org. In other words, registered voters in the constituency can petition to annul the election result.
- Rejection of Extra Requirements: The Court found no basis in the statute to read in a requirement that voters plead a personal injury. It emphasized that demanding voters to show their own vote was affected would defeat the clear intent of the law. Thus, unlike the restrictive view in Lema’s case (2012), the Court affirmed that an ordinary voter’s statutory right to petition does not hinge on proving a direct violation of their voting right.
5. Outcome
- Appeal allowed: The Court of Appeal found merit in the appeal and allowed itmedia.tanzlii.org.
- High Court order quashed: The ruling of Gwae J (striking out the petition) was quashed and set asidemedia.tanzlii.org.
- Case remitted: The record was sent back to the High Court for a full hearing on the merits (before a different judge), starting with any undetermined preliminary objectionsmedia.tanzlii.org.
- Costs: Each party was ordered to bear its own costsmedia.tanzlii.org.
6. Significance / Notes for Practice
This decision restores a broad voter-centric approach to election petitions. It makes clear that any eligible voter in the constituency may challenge the election result under s.111(1)(a) without needing to demonstrate that his or her personal vote was affected. In practice, this means High Courts can no longer dismiss petitions simply because petitioners did not plead a personal grievance. Instead, petitions must be considered on the substantive irregularities alleged. The Court’s ruling effectively overrules the contrary implication of Lema v Mkanga (2012) by adhering to the literal statute. For practitioners, the takeaway is that election petitions should focus on alleged electoral violations, not technical standing hurdles for voters. This empowers ordinary citizens to hold elections to account and underscores the democratic intent behind Tanzania’s election laws.
