The Constitution Case against the Prime Minister Mizengo Pinda filed by the Legal and Human Rights Centre has taken a new turn due to petitioners starting to respond to points of preliminary objections filed by the Attorney General. The matter has atracted public interest owing to its nature.
The High Court under a panel of three judges who are Faikh Jundu, Faudh Twaib, and Augustino Mwarija on October 21st this year adjourned the matter until October 22, 2013.
On August 1st, 2013, the Legal and Human Rights Centre in collaboration with the Tanganyika Law Society filed a petition against Prime Minister Mizengo Pinda for the remarks he made in Parliament in June.
The petition Number 24 was filed at the High Court and apart from Pinda the other respondent is the Attorney General Frederick Werema.
The petitioners prayed, among other things, that the court should order the Prime Minister to publicly denounce his statement on the argument that it is deemed to infringe human rights enshrined in the country’s Constitution, thus violating the principles of rule of law and accountability. They challenged as unconstitutional, the statement, directive and order uttered in Parliament by the Prime Minister that the law enforcement officials should use force against civilians.
LHRC and TLS asked for an order to ensure that the Constitution should not protect those who violate it. Therefore, the provision of Article 100(2) of the Constitution Cap 2 Revised Edition 2002 as amended from time to time and provisions of Section 5 of the Parliamentary Immunities, Powers and Privileges Act (Cap 296 R.E 2002 subjects to the parliament immunity to respect and preserve the Supreme Law.
Furthermore, the provision of article 100(1) and (2) of the Constitution or any law should not be used as a shield to condone impunity to violators of the Constitution.
The petition came following a statement issued by the Premier while attending the August House on June 20th, this year where he called upon law enforcers to whip whoever failed to obey them.