The Citizen (Dar es Salaam)
26 April 2008
Five human rights organisations have filed a petition in the High Court challenging some provisions of the Public Leadership Code of Ethics Act.
The organisations have described as "unconstitutional", regulations under section 31(1) and (2) (A) of the public leadership code of ethics act of 1995, and want them declared null and void.
The act compels public leaders to declare their assets, interests and liabilities with the Ethics Secretariat under Article 132(4) and (5)(b) of the constitution.
But the human rights organisations say the regulations contain provisions that grossly infringe the right to freedom of expression by unnecessarily restricting access to information on assets, interests and or liabilities of public leaders.
Some of the organisations challenging the provisions are the Southern African Human Rights NGO Network- Tanzania Chapter and the Media Institute of Southern Africa Tanzania chapter.
Others are Kivulini Women's Rights Organisation, National Organisation for Legal Assistance and Tanzania Media Women Association (Tamwa).
According Tamwa executive director Ananilea Nkya, the application and operation of provisions 6 (1) and (2), and 7 (2)(c) of the regulations "are repugnant to the provisions of Article 18 of the country's constitution.
" She said by criminalising the publication of particulars of assets and liabilities of public leaders, the provisions deprive citizens of their right to information.
This, according Ms Ananilea, also infringes the right of every citizen to freedom of expression, which include the right to access, seek, receive and impart information without interference as provided in Article 18 of the constitution.
The organisations have appealed to the High Court to declare the provisions null and void, and make it possible for people to inspect the particulars without restrictions.
Recently opposition legislators also threatened to storm the Ethics Secretariat offices demanding access to the asset declaring forms of cabinet ministers.
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