DISCUSS ANYTHING & EVERYTHING: Money, Dating, Health, Internet, Legal, Jobs, People, Places and more

A panel of three judges has been assigned to hear the petition filed by at the High Court last week by Legal and Human Rights Centre in collaboration with the Tanganyika Law Society to challenge the unconstitutional statement made by Prime Minister Mizengo Pinda.

The Premier is claimed to have made unconstitutional remarks on June 20, this year by ordering the country’s law enforcing organs to beat civilians if they happen to go against given orders.

The judges who will preside over the case are Principal Judge Fakihi Jundu, Dr Fauz Twaib and Agustine Mwarija. However, the court has not set the date of hearing of the petition number 24 of 2013.

Last month LHRC executive director Dr Hellen Kijo Bisimba and the president of Tanganyika Law Society, Francis Stolla filed the said petition.

The petition stated that the first respondent made unconstitutional remarks on June 20, this year by ordering the country’s law enforcing organs to beat civilians if they happen to go against given orders.

It said that the statements made by the high profile public leader like the first respondent, are deemed enforceable by law enforcers like police.

It is the fear of the petitioners therefore that the security organs might take the statements as a lawful order from their boss when it comes to implementation.

According to the LHRC, should the security organs take the order to the letter and spirit, it is likely to be in a form of arbitrary and extrajudicial beating and torture of innocent people, a thing which would be contrary to the Union Constitution.

Beside the petitioners being aggrieved by the first respondent’s statement, they also advocate that if such remarks be put into practice, they are likely to degrade human dignity, violate the right to equality before the law, suspend rule of law and promote rule of the jungle.

In addition, they say it will violate the right to fair hearing, support abuse of power by law enforcers and also go contrary to Article 13 of the Constitution which provides for the right to equality before the law and fair hearing.

The petitioners say they are aware of Parliamentary immunity as provided under
Article 100 of the Constitution, but aver that the same fundamental law does not protect those who violate it.

Briefing reporters soon after filing the petition, LHRC Executive Director Helen Kijo-Bisimba said they have filed the petition against the Premier because they believe that there is no person or institution that is above the law. She said the court is the only organ that is mandated to grant justice in the country.

For his part, Advocate Harold Sungusia, said LHRC wants the High Court to judge what is important between violation of human rights and parliamentary immunities.
The LHRC had until yesterday received at least 2029 votes from members of the public opposing the Premier’s statement, he said.

According to him, the centre will set a team of not less than 20 advocates to champion the case when it comes up for hearing.

Director of Citizen Parliament Watch Marcussy Albanie said his organisation joins hands with LHRC and TLS on the stage so far reached, adding that the NGO is also working to sue the Premier before the citizens for the statements he made.

When answering direct questions from lawmakers in Parliament in June this year Prime Minister Mizengo Pinda said the police should employ some form of force when handling individuals who refuse to comply with the law.