By Evarist Baimu Nyaga Mawalla - Home

to BAWATA’s Secretary General who in such communication wasinformed of the society’s right of appeal, within twenty one days,meaning that the appellate period, would expire about 20 th of July,1997. but, it is equally beyond controversy, that, by 2/7/1997, thePrinciple Secretary, Ministry of Home affairs, received the Society’sPrecautionary letter Ref. No. BWT.B57/ADMI.GEN/97/09 of2/7/1997 expressing intention to appeal, and praying for extentionof the appellate period, as BAWATA office bearers and the Society’sAdvocate were on safari. In the mean while an application for anexparte interim injunction was successfully pursued, and hencethe exparte injuction order dated, and issued on 17/7/1997 byCHIPETA, J. The question provoked by Mr. Werema is whether bythe date of such order, the Society has seized to legally exist. Thequestion given deserving attention seems to yield a negativeanswer, and I have the following reasons. First the Societyaggrieve, by the Registrar of Society’s cancellation of itsregistration, under section 13 of the Society’s Ordinance Cap. 337,has a statutory right of appeal, against such cancellation to theMinister of Home Affairs, within twenty one days or such as periodof time, as upon application may have been extended. Second, thequestion is whether during the appellate period the Society is anillegal society? In my view during the appellate period thecancellation falls into abeyance till the decision of the appeal for…… as pointed out by Pro. Shivji, immediately as an unlawfulsociety, it would be provoking the legal wrath of criminal sanctions,under section 12A of the ordinance, as the officers or office bearerwould be acting illegally, the appeal provisions would thereby bedefeated, contrary to the intentions of the legislature. Third,section 2 and 13 read together, show that an unlawful society,Inter alia means any local Society, other than a local society inrespect of which an appeal has been lawfully made to the Ministerunder section 13, and remains undetermined, it follows in my view,that the date of the Interim injunction order 17/7/1997, when theBAWATA appellate process was already in motion, but stillundetermined, it was not unlawful society, it had as much legalcompetence to appeal, as it was actually doing, and even seekingtemporary injunction. It would beat both schooled logic andcommon sense, to assert that it was then alive to persue, its rightsof appeal to the Minister but dead for the purpose of applying, andobtaining an interim injunction order. The argument by Mr.Werema, therefore fails on this aspect.99