LHRC and law society file case after Pinda remarks

 

Legal and Human Rights Centre (LHRC) Executive Director Helen Kijo-Bisimba outside the High Court in Dar es Salaam yesterday after LHRC filed a case against Prime Minister Mizengo Pinda following remarks he made in Parliament in June. PHOTO | MICHAEL JAMSON   

By Rosina John  (email the author)

In Summary

• The statement that violates the Constitution is null and void and should also be permanently deleted from the relevant records of the National Assembly.

Dar es Salaam. The Legal and Human Rights Centre (LHRC) and Tanganyika Law Society yesterday filed a petition against Prime Minister Mizengo Pinda for the remarks he made in Parliament in June.

In the petition Number 24, filed at the High Court yesterday, 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.

“The statement that violates the Constitution is null and void and should also be permanently deleted from the relevant records of the National Assembly,” read in part the petition.

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.

Prime Minister Pinda made the statement on June 20 this year when responding to a supplementary question asked by Kilwa North MP (CCM) Murtaza Mangungu who wanted to know the position of the government, among other things, about people’s complaints against the presence of the army in some regions like Mtwara.

According to the petition filed to the court by LHRC Executive Director Helen Kijo-Bisimba,the statement and order given by the high profile public leader are deemed enforceable by law enforcement agencies like the police.

To the petitioner’s understanding, the police would take this as a lawful order from their superior and implement it in the form of arbitrary and extrajudicial beating and torture of an otherwise innocent citizen contrary to the protection he deserves as prescribed in the Constitution.

The petitioners stated that, they were aware of Article 100(1) of the Constitution (Cap 2 Revised Edition 2002) as amended from time to time and provision of Section 5 of the parliamentary immunities and freedom of opinion enjoyed by MPs in the National Assembly but which subjects all members under the provisions of the Constitution.