Tanzania: John Sapuli & Others vs Rajabu A. Athumani Mrope & Attorney General
Published: 24/Jul/1986
Source: High Court of Tanzania
John Sapuli & Others vs Rajabu A. Athumani Mrope & Attorney General [1986] TZHC 16 (24 July 1986)
Dr. S.J. Bwana, P.R.M. – E.J.: In the 1985 Parliamentary General Elections in the Masasi Constituency, Rajabu Athumani Mrope emerged the victor, beating his opponent, Kate Sylvia Magdalene Kamba, the then incumbent Member of Parliament.
Following the outcome of this election, three voters in the Constituency namely John Sapuli, Mathew Kannonyele and Stephen Rashid (hereinafter referred to as the Petitioners) filed a petition alleging that (as per paragraph 5(a) of their petition) Rajabu Athumani Mrope (hereinafter referred to as the First Respondent) is not, and was not at all times material to the election, a citizen of the United Republic of Tanzania in terms of the Citizenship Ordinance Cap. 452 by reason whereof he is not, and was not at all… qualified to be elected as a Constituency Member of Parliament… as per section 36 of the Elections Act, Number 1 of 1985.
[…]
In view of the above PWs’ evidence, it is not established beyond doubts as to where the First Respondent and his parents were born. It is not enough merely to allege that they came from Mozambique. It should have been shown where in Mozambique. What is clearly shown all PWs 4 and 8 is that they do not know where First Respondent and his parents were born.
On the other hand, I am convinced beyond doubts that the Respondent’s witnesses have established beyond the blue skies (even though the burden is not on their side) that First Respondent is and was born in Tanzania. So were his parents. Therefore he is a citizen of Tanzania by birth. In consequence thereof and in accordance with the provisions of section 113 of the Election Act No. 1 of 1985, I do declare that the election in Masasi Constituency in the Parliamentary Elections of October, 1985 was proper. I declare further that the nomination, election and declaration of First Respondent, Rajabu Athumani Mrope, was legally valid. Therefore I dismiss this Petition in its entirety with Costs.
Read on TanzLII: https://tanzlii.org/tz/judgment/high-court-tanzania/1986/16