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Bawata washinda kesi

Discussion in 'Jukwaa la Siasa' started by Petu Hapa, Apr 3, 2009.

  1. P

    Petu Hapa JF-Expert Member

    #1
    Apr 3, 2009
    Joined: Jan 2, 2008
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    Baada ya Miaka 12 Bawata washinda kesi! Je watarudi na kasi waliyokuwa nayo mwaka 1995? Maana yake nini kwa kufungiwa miaka 12? Mahakama imeamua walipwe milioni 20, lakini imeshidwa kusema Raisi alifanya makosa kuifunga bawata, ila wamesema sheria iliyotumika ilikuwa ya kizamani! hizi mahakama na siasa zetu! haya!

    DailyNews by FAUSTINE KAPAMA, 3rd April 2009 @ 07:00

    The High Court has declared unconstitutional the government’s decision to deregister the National Women Council, commonly known as Baraza la Wanawake Tanzania (Bawata). Justices Amir Manento (rtd), Laurian Kalegeya and Juxton Mlay ruled yesterday that the decision by the Registrar of Societies and the Minister for Home Affairs in September 1996 was null and void.

    They said in a judgement that the provisions of Sections 2(2), 6, 9(a), 9(d)(iii), 12 and 13 (2) of the Society Ordinance (now Section 2(2),8,14,17 and 19(2) of the current Society Act), relied upon by the government were unconstitutional. The justices, however, ruled that the said impugned provision that have been declared unconstitutional would not be struck out of the statute books. Instead, they ordered the appropriate authority within a year from the date of delivery of the judgement to take necessary steps to make the said provisions compliant with the constitution.

    Furthermore, the court ordered the government to pay the petitioners costs of the suit and 20m/- as general damages following several inconveniences caused after the deregistration of the society. Petitioners in the case, apart from Bawata, were Prof. Anna Kajumulo Tibaijuka, Sherbanu Nasser Kabisa, Rose Temu Mushi, Mary Chonjo Marealle and Salma Khatim Kauli. In their petition, Bawata, through Prof. Issa Shivji, had argued that the government’s action of deregistering the organization was unconstitutional.

    This was so because such action violated Articles 13(6)(a), 18, and 20 providing for the right of fair hearing, expression, and association and assembly, respectively and other international human rights instruments. The instruments include the International Convention on Civil and Political Rights (ICCPR), the African Charter on Human Rights, and the Convention on Elimination of All Forms of Discrimination Against Women (CEDAW).

    Bawata was formed in 1994 for purposes of uniting women of all economic, social, and political backgrounds and to ensure gender equity in a multiparty democratic Tanzania. With the advent of political pluralism, it was felt that women might lose rights without an organ to voice their common concerns and problems. Bawata was formerly registered on May 16, 1995.

    Its early work -- as articulated in its constitution -- focused on inheritance rights, the right to own land and political representation of women in Parliament.The government, however, accused the society of being a political party and in September 1996, the government decided to deregister the Non-Governmental Organization.

    Later on, the government asked Bawata to amend its constitution and operate as a research institution. In March 1997, at a General Meeting, Bawata yielded and the organization's constitution was amended in accordance with government demands. Even so, the government went ahead to deregister the society. In response, in 1997, Bawata went to the High Court to challenge the government's action and the constitutionality of the Societies’ Ordinance.
     
  2. Mag3

    Mag3 JF Gold Member

    #2
    Apr 3, 2009
    Joined: May 31, 2008
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    Justice delayed is justice denied - na hii yote ilitokana na hila ya CCM kujaribu kuilinda Umoja wa Wanawake wa CCM. Ni ile ile dhana ya kijinga na hatari ya divide and rule inayodekezwa na MAFISADI - vijana wa CCM, wanawake wa CCM, wazazi wa CCM, wafanya biashara wa CCM, watoto na watukuu wa CCM hadi jumuiya ya Wezi wa CCM. Hii pia inazidi kuthibitisha jinsi tusivyo na mahakama huru na hukumu huangalia na kuzingatia zaidi maslahi ya CCM.

    Kwa kuwa katiba inailinda CCM, serikali ni CCM, Bunge ni CCM, mahakama ni CCM. Ndio maana kazi mojawapo ya serikali yaani Raisi na Waziri Mkuu ni kugawa kadi za CCM. Sasa maendeleo yatapatikana vipi na yatoke wapi ? Ni ukweli usiopingika kuwa Baraza la Wanawake lilikuwa tishio kwa CCM kwa sababu iliwaunganisha wanawake wote wa Tanzania bila kujali itikadi. Mojawapo ya matunda ya huku kubaguana yanaanza kujitokeza hata nje ya nchi - kama matawi ya CCM ughaibuni. ggrrrrrrr.......

    Adui mkubwa wa umoja wa kitaifa ni CCM​
     
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