Tanzania parliament gives immunity to President and heads of state organs

Tanzanian Parliament

DODOMA, Tanzania

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.