By Evarist Baimu Nyaga Mawalla - Home

…the restriction imposed at common law on the right of action…is inconsistent with theprovisons of s. 6(6) (b) of the Constitution. 1979 and to that I think the high constitutionalpolicy involved in s. 6(6) (b) is the removal of the obstacles erected by the common lawrequirements against individuals bringing actions before the court against the governmentand its institutions..it was necessary to treat the subject to this length in order to demonstrate that Mr.Mussa’s appreciation or locus standi in the context of constitutional litigation no longerholds good. The notion of personal interest, personal injury or sufficient interest over andabove the interest of the general public has more to do with private law as dictinct frompublic law. In matters of public interest litigation this Court will not deny standing to agenuine and bona fide litigant even where he has no personal interest in the matter. Thisposition also according with the decision in Benazir Dhutto v. Federation of PakistanPLD 1988 SS. 46, where it was held by the Supreme Court that the traditional rule oflocus standi can be dispensed with and procedure available in public interest litigationcan be made us of if the petition is brought to the court by a person acting bona fide.The relevance of public interest litigation in Tanzania cannot be over –imphasized. Having regard to our social economy conditions, this development promisesmore hope to our people than any other strategy currently in place. First of all, ill issecond in Africa in wiping out illiteracy but that is statistical juggling which is notreflected on the ground. If we were that literate it would have been unnecessary forHanang District Council to pass bye – laws for compulsory adult education which wererecently published as Government Notice No. 191 of 1994.By reason of this illiteracy a greater part of the population is unaware of their rights, letalone how the same can be realized. Secondly, Tanzania are massively poor. Our rankingin the world on the basic of per capita income has persistently been the source ofembarrassment. Public interest litigation is a sophisticated mechanism which requiresprofessional handling. By reason of limited resources the vast majority of our peoplecannot afford to engage lawyers even where they were aware of the infringement of theirrights and the perversion of the Constitution.Other factors could be listed but perhaps the most painful of all is that over the yearssince independence Tanzania have developed a culture of apathy and silence. This, inlarge measure, is a product of institutionalised mono –party polities which in itsrepressive dimension, like detention without trial, supped up initiative and guts. Thepeople found contentment supped up initiative and guts.The people found contentment in being receivers without being seekers. Out leaders verywell recognize this, and with the emergence of transparency in governor they have nothesitated to affirm it. When the National Assembly was debating Hon. J.S. Warioba’s203