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This report is based on critical analysis on 200 metres rule in relation to voter’s rights and right to freedom of assembly in Tanzania. These rights are one of the civil and political rights guaranteed in the Constitution of the United Republic of Tanzania 1977.The spirit behind the undertaking of this research is the examination of the previous election on the 200 meters rule and the relevance of it on the 2020 coming election.
In most democratic countries, whose legal systems are based on common law, like Tanzania, there are numerous challenges relating to the conduct of general election or by-election. The voting system and process have been facing some problems which sometimes hinder the rights to vote to some eligible citizens.
The objectives of the research were based on three-fold: firstly, to find out whether court erred in interpreting Section 104(1) of the National Elections Act; secondly, to find out the extent of independence a judiciary in Tanzania and thirdly to assess rights and responsibilities of voters on Election Day in Tanzania.
This study is divided into five chapters. Chapter one contains the introductory remarks covering the background, statement of the problem, objective and significance of study as well as a review of the literature relevant to the study and Data collection methods that deployed both primary and secondary data to review relevant sources of material. Interview were used to collect primary data. Also, secondary data were reviewed and collected in the libraries as well as in different websites. The study deployed a detailed library research which involved analysis of the problem through statutes, text books; journal articles, case law and relevant website were accessed. Chapter two addresses the concepts and theories which have contribution towards the development of the concept of 200 metres rule and the right to freedom of assembly in Tanzania. Chapter three discusses the legal framework of the right to freedom of assembly in Tanzania. Chapter four give the presentation the findings of the study. And finally, Chapter five draws conclusions, and recommendations of the study.
finally, the study came with the finding that, no need of voters to stay in the vicinity of the polling stations or 200 metres away of the polling station to guard for the votes since there are representatives of each candidate for the election in the room for counting the votes, the judiciary should be independent in order to render justice and protecting the rights of citizen, that lead free, fair and peaceful election and the voters’ duty during Election in Tanzania is partly violated.
The researcher recommends that, the Court should be given power to inquire the electoral process, rights guaranteed by the law should be respected, Tanzania laws governing freedom of assembly should be brought into line with international human right standards, and effective implementation of laws by law enforcers.
Finally, the coming 2020 election, police officers should be given the education so that they can respect, understand and apply the law that they are sworn to uphold as it is shown that the 200 metres rule is important for maintaining peace and harmony throughout the election process. Also the court should be given power to Inquire the electoral process. |
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