Dar es Salaam. Prime Minister Mizengo Pinda got a reprieve yesterday, following a decision by the High Court to dismiss a petition by human rights activists who had filed a case against him, over a statement he had issued in parliament, directing the police to beat up whoever violated the law.
The Legal and Human Rights Centre (LHRC) and the Tanganyika Law Society (TLS) went to court in July last year, asking the court to declare the premier’s remarks unconstitutional.
Mr Pinda was responding to allegationa from opposition MPs, that the police were using excessive and unnecessary force to contain civilians.
Mr Pinda and the Attorney General were respondents in the matter. The two petitioners felt that the PM’s sentiments were unconstitutional, arguing that in administration of criminal law, statements or orders given by high profile public leaders like Mr Pinda were deemed enforceable by law enforcement agencies.
The petitioners had also sought an order that the Prime Minister be ordered to publicly denounce his statement which they argued infringed human rights, thus violating the principles of rule of law and accountability.
They feared that the police would take the statement as a lawful order to arbitrarily and extra-judicially beat up and torture innocent persons contrary to the protection provided by the Constitution.
But Principal Judge Fakihi Jundi and Justices Augustine Mwarija and Fauz Twaib yesterday sided with state lawyers that the PM was exercising freedom of opinion, for which which he enjoys immunity for anything he states in the parliament.
They cited article 100 (1) which provides for freedom of opinion, debate in the National Assembly which shall not be breached or questioned by any organ in the United Republic or in any court or elsewhere outside the National Assembly,” he said.
They also sided with the attorney general that under article 100 (2) of the constitution, a Member of Parliament shall not be prosecuted and no civil proceedings may be instituted against him in a court in relation to anything which he has said or done in the National Assembly or has submitted to the National Assembly by way of a petition, bill, motion or otherwise. However, the judges said the immunity enjoyed by Section 100 (2) was open to but only an individual and not a group or institution.
Counsel for the petitioners Mr Peter Kibatala said outside the court that at least it is now understood that there is no absolute immunity to members of the national assembly.
“Yes we know that it needs an individual to file a case against what was said in the parliament,” he said, but was mum on whether his clients would file an appeal or not.
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