In the High Court of Tanzania Suit No. ………… / 2014 Ibrahim Jaffar Mkamba ......................................... Plaintiff vs. Chairperson of Special Constituent Assembly ...................... Respondent Suit for Specific Performance of rightful process of writing People’s Constitution. The plaintiff respectfully states : - (1) That he is a citizen of Tanzania by birth living at Ukonga in the City of Dar es Salaam in the United Republic of Tanzania (2) That the plaintiff is a taxpayer of this country, whose money he has been paying as tax has, in direct or indirect ways, been spent for necessitating different processes of writing People’s Constitution including business of special Constituent Assembly. (3) That Respondent is a leader of the Special Constituent Assembly which is charged by law with the rightful processing of writing People’s Constitution of Tanzania (4) That Respondent is obliged to see to it that the writing of People’s Constitution is done without any violation of the laws for personal whims (5) That Respondent has been condoning some members of the said Special Constituent Assembly to spend the precious time given to them by Public on unreasonably attacking personalities instead of raising issues which will enable the writing of real people’s constitution (6) That the law empowers the Special Constituent Assembly to deliberate and change the second draft of the constitution in respect of its follow-up provisions but not major provisions like number of Governments in the United Republic of Tanzania. (7) That the debate on whether we shall have one or two Governments in our Union has been overtaken by events as the proposed number of those Governments in the second constitution draft has been three and the same, if not agreeable, should be challenged prior to submission and presentation of the draft to the Special Constituent Assembly. (8) That despite the fact that Chairperson of the Special Constituent Assembly knows such breach of the law, he lets the wrongful debates with elements of illegality continue instead of putting them on the right legal track. (9) That the matter has aroused in Dodoma, within the United Republic of Tanzania which is within this courts territorial jurisdiction. (10) That the matter is a constitutional one and hence it is of this courts jurisdiction. The plaintiff, therefore prays that 1. the court be pleased to order the respondent to perform his duty of leading the writing of people’s constitution by abiding to the law to that effect which does not allow changes of major provisions and by directing members to centre to relevant issues instead of attacking personalities. 2. the court be pleased to order the immediate stoppage of processes of the Constituent Assembly up till its members are enlightened on limits of discussions highlighted on paragraphs 6 and 7 of this Plaint . Place: Dar es Salaam, Tanzania (Signature of the plaintiff) Date: this 17th day of April 2014 Advocate Verification I, Ibrahim Jaffar Mkamba, do hereby solemnly verify that the contents from paras 1 to 5 are correct and true to the best of my knowledge and contents from para 6 to 10 are based on legal advice, which I believe to be correct. Affirmed at Dar es Salaam this 17th day of April 2014. (Signature) Plaintiff Jamani, naomba mlio tayari kuungana nami kwenye kesi hii ya kihistoria muandike tu majina yenu kwa kuchangia au hata bila kuchangia chochote kwa post hii ili tupate namba kamili ya walalamikaji. Asanteni.
Posted on: Thu, 17 Apr 2014 18:42:38 +0000
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