11 March 2018

Tanzania: Zanzibaris' Bid to Challenge Union Legality Hits Snag

Photo: The Citizen
Photos of the envisaged Zanzibar tourist resort by the British firm Pennyroyal.

Arusha — THE First Instance Division of the East African Court of Justice (EACJ) has struck out an application filed by one Rashid Salum Adiy and 39,999 other Zanzibar citizens versus the Revolutionary Government of Zanzibar, Chief Secretary of Revolutionary Council of Zanzibar and United Republic of Tanzania.

The application was seeking the EACJ to allow the case challenging the legality of the Union of Tanzania to be heard in Zanzibar.

This meant that the EACJ would shift its base from its headquarters in Arusha to Zanzibar for the hearing of the case.

Rashid Salum Adiy and 39,999 others had earlier filed the case before the First Instance Division challenging the Union of Zanzibar with the Mainland under the United Republic of Tanzania.

The respondents to the case were the Revolutionary Government of Zanzibar, the Chief Secretary Revolutionary Counapplicantscil of Zanzibar and the United Republic of Tanzania.

The Court in its ruling read by the Principal Judge, Justice Monica Mugenyi, said that, "We have carefully listened to both parties;

we are concerned by the lackluster and unprofessional manner in which the applicants have approached so serious the matter." Further, the Court said that theAgent,

which the Court rejected because it was not supported by a valid Power of Attorney. The applicant also attempted to use Swahili language in Court which Court interpreted as against Article 46 of the Treaty which provides for English as the official language of the Community.

The other applicants present in Court were Suleyman Mustafa, Khamis Hassan Hamad with the Purported Agent by the name Japhet Chidzipha Chigumba.

While the representatives of the respondents were Mzee Ali Haji, Deputy Attorney General of the Revolutionary Government of Zanzibar; Alesia Mbuya, Principal State Attorney and Assistant Director Attorney General and Constitutional Affairs; Mark Mwambo, Principal State Attorney and others.

They all appeared before Justices: Monica Mugenyi (Principal Judge), Fakihi Jundu and Dr Charles Oyo Nyawello, all of the First Instance Division.

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