Ban on planned protests in Tanzania ‘constitutional’

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Ban on planned protests in Tanzania ‘constitutional’

3:53 CAT | 30 Aug 2016

Daily News / Opposition party Chadema is planning a mass demonstration in Tanzania

Lawyers have said the ongoing political impasse brought about by the police ban on both indoor and public rallies cannot be solved legally but through dialogue and consensus.

Reacting to a statement issued by the Attorney General George Masaju yesterday that urged the opposition to obey the ban “because it was both constitutional and legal” they said no amount of legal interpretation by the government or court actions by the opposition can find a lasting solution to the current crisis.

But a professor of Law at the University of Dar es Salaam, Dr James Jesse, said the crisis has gone beyond what is perceived as right or wrong, and that consultations and dialogue shoudl be pursued.

“The only solution is for the police force, political parties and other stakeholders to sit and discuss this issue, and if necessary, they should select few people to form a group that should speak to President John Magufuli for the benefit of the country,” Dr Jesse said.

But Mr Masaju has asked political parties to respect decisions made by authorities that implement its responsibilities in accordance to the constitution.

The former president for the Tanganyika Lawyer Society (TLS), Mr Francis Stola, said while it is true that the police can legally ban public rallies whenever there is a reason to do so, the current situation should be dealt with differently. “But the law is not clear enough on the specific reasons that can allow the police to ban meetings,” he noted.

In a press briefing yesterday, Mr Masaju said Article 20(1) of the Constitution of 1977 of Tanzania and the Police Force and Auxiliary Services Act empower to the police to prohibit holding meetings and gatherings.

Mr Masaju’s statement comes only two days before the main opposition Chadema begins its countrywide demonstrations on September 1. “I am here today to give legal interpretation, in the wake of political parties, especially Chadema, saying police has breached the country’s constitution by banning their political demonstration… once the police force says something related to security issues, everyone should comply,” he said.

He explained that the police force had banned political party demonstration due to security reasons, but Chadema has insisted it will proceed with their plans.

Source: The Citizen