Setback for lawyer in TLS poll rule petition

Dar es Salaam. The High Court yesterday declined to grant an application in which a city lawyer is seeking an order to suspend the use of the Tanganyika Law Society (TLS) election regulation in coming poll of the bar association.

Judges Rose Teemba, Beatrice Mutungi and Ignas Kitusi said they would not proceed with hearing the petition until an application by lawyers, who want to be joined in the petition as interested parties, is heard and determined.

TLS is scheduled to elect its new leaders this Saturday.

The court directed Mr Tundu Lissu, Mr Lawrence Masha and Johnson Jamhuri, who have applied to join the case as interested parties to file their submissions today.

The petitioner, Mr Onesmo Bizire, who is represented by Emmanuel Makene asked the court to grant an interim order that TLS election regulation should not be operational pending hearing of the main petition against TLS and the Attorney General (AG).

The request was met by an objection from TLS lawyer Senare Zaharani who argued that rule 12 (2) of the Basic Rights and Duties Enforcement Act gives the right for interested parties to join the petition. “If the court grants the prayers now as the petitioner wishes, the rights of the interested parties will be prejudiced,” submitted advocate Zaharani.

According to the petitioner, the regulations put the procedure and qualifications of candidates and how to conduct and supervise elections. According to the petitioner, the regulations are invalid. He asked whether to be cancelled or to be amended by the relevant authorities.

The petitioner also opposed the law by TLS forcing every lawyer to be a member of the society so as to get a license to practice in the country.

He is also challenging the law of the jurisdiction of appeal. He asked the authority to declare that the provisions are unconstitutional and void.