DODOMA,
TanzaniaTanzanian Parliament
The
Tanzanian Parliament sitting in the city of Dodoma, on Wednesday passed a bill
that provides immunity to heads of state organs from lawsuits.
The provision seeks to discontinue filing of cases
against the President, the Vice President, Prime Minister, the Speaker, Deputy
Speaker, Chief Justice and instead, demands that petitions of such nature be
presented to the Attorney General.
The amendment to the constitution if inked, will
give the High Court powers to dismiss and reject cases of such nature.
The bill which was voted in by a majority of MPs
was however opposed viciously by the opposition who claim the bill flies in the
face of constitutional rights and accountability.
A total of 220 Civil Society Organisations
(CSOs) opposed the amendments which they said contravene constitutional rights,
including equality before the law, separation of powers, accountability, public
interest and the Constitution’s status as the mother law.
Those opposing the bill said the proposed the
Written Law (Miscellaneous Amendment) (No. 3) of 2020 would set a dangerous
precedent for Parliament to tamper with the country’s cornerstones: peace,
unity and democracy.
The country’s National Assembly however approved
the bill which amends 13 different laws pending its inking by President
Magufuli.
Some of the amended laws include the Basic Rights
and Duties Enforcement Act (1994) – by introducing restrictions on filing cases
related to violation of constitutional rights.
The amendment states that “An application under
this section shall not be admitted by the High Court unless it is accompanied
by an affidavit stating the extent to which the contravention of provisions of
articles 12 to 29 of the constitution has affected such person personally.”
Under the bill, Human Rights groups will no longer
be able to file suits against the government and heads of state organs on behalf
of aggrieved parties.
The amendment aims to empower the High Court to
reject cases which do not meet that requirement - and, thus, enhance provisions
on the immunity of heads of state organs.
Also amended was the Judiciary Administration Act
which extends immunity to judicial officers in case they “err in good faith”
while delivering judgement.
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