By Evarist Baimu Nyaga Mawalla - Home

It is contended by the petitioner that ss. 8, 9 and 10 of the Political Parties. Conditions onthe formation of political parties and thereby inhibiting enjoyment of the freedom ofassociation assented in Art. 20 (1). It is further contended that Art. 20(2) and (3) fromsection derive are for the same reason unconstitutional. I am therefore invited to strikecourt Art 20(2) and (3) of the institution as well as ss. 8,9,10 and 15 of the PoliticalParties Art.On the other hand. Art. 39 previously provided as follows ; -39. No person shall be eligible for election to the office of President of the UnitedRepublic unless he –(a) has attained the age of forty years: and(b) is otherwise qualified for election as a Member of the National Assembly orof the (Zanzibar) House of Representatives.As amended by the Eighth Constitutional Amendment Act, the above paragraphs areretained but re – numbered (b) and (d) respectively. There is added new paragraphs (a)and (c) which state (my tranalation ):(a) is a citizen of the United Republic by birth;(b) is a member of and sponsored by a political party.The requirement for membership of and sponsorship by a political party is extended tocandidacy for the National Assembly in Art. 67 and Art. 77 as well as for local council ins. 39 of the Local Authorities (Elections) Act. 1979 as amended by the Local Authorities(Elections) (Amendment) Act, 1992 (No. 7) s. 9.The petitioner contends that the requirement for membership of and sponsorship by apolitical party abridges the right to participate in national public affairs: ranted by Art. 21(1) which states;-21 – (1) Every citizen of the United Republic is entitled to take part in thegovernment of the country, either directly or through freely chosen representatives, inaccordance with procedure provided by or under the law.I am therefore called upon to strike out para (d) in Art. 39 and wherever else therequirement for membership of and sponsorship by a political party occurs.As stated earlier the issue of immutability turns on Parliament’s power or amendthe Constitution. In assessing this power it on is appropriate to recall, in the first place,that fundamental rights are not gifts form the State. They inhere in a person by reason of209