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Court dismisses Tanzania’s attempt to block Serengeti suit

Discussion in 'Jukwaa la Sheria (The Law Forum)' started by Rutashubanyuma, Aug 31, 2011.

  1. Rutashubanyuma

    Rutashubanyuma JF-Expert Member

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    Aug 31, 2011
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    [h=1]Court dismisses Tanzania’s attempt to block Serengeti suit[/h]
    Updated 12 hr(s) 7 min(s) ago
    By Peter Orengo


    The East African Court of Justice has dismissed an attempt by the Tanzanian Government to block a case seeking to stop construction of a road in Serengeti National Park[​IMG].
    The Attorney General[​IMG] of Tanzania had raised objections to the court’s jurisdiction and argued that his country has a sovereign right to develop infrastructure within its boundaries.
    However, in a ruling read by Tanzanian Judge Justice John Mkwawa on August 29 in Arusha the court overruled objections against the application filed by Africa Network for Animal Welfare (Anaw).
    The court concurred with Anaw Counsel Saitabao ole Kanchory that while the Tanzanian government has a right to develop infrastructure, the court has the power to determine whether such developments were within the law.

    The judge said the case was rightfully before the court. The case will now proceed to full hearing.
    Aanw moved to the regional court on December 10, last year, to seek an interim order to stop the project on grounds that the road would harm the park’s ecology.
    The organisation wants the court to declare Tanzania’s[​IMG] action illegal as it infringes on the provisions of the East African Community Treaty.
    Anaw argues that construction of the road across the Serengeti, the largest national park in Tanzania, which borders Maasai-Mara Game Reserve in Kenya, infringes Articles 5, 89,111, 112,114 and 116 of the EAC Treaty.


    Hazards



    A report by the Tanzanian government, Environmental and Social Impact Assessment, conceded serious ecological and environmental hazards of the proposed project citing more than 15 negative impacts on the park should the road project go ahead.
    Under the terms of the EAC Treaty, partner states are required to co-operate in the management of shared natural resources, notify each other of activities that are likely to have significant trans-boundary environmental impacts, and to follow protocols for Environmental Impact Assessment.
    Other obligations cited fall under: the United Nations Convention on Biodiversity, the United Nations Declaration on the Human Environment, the Stockholm Declaration, and the African Convention on the Conservation of Nature and Natural Resources.
    Principle Judge Justice Johnstone Busingye, Deputy Principle Judge Lady Justice Mary Stella Arach Amoko, Justice John Mkwawa, Justice Jean Bosco Butasi and Justice Isaac Lenaola were present.

    Recently Tanzania said game rangers would control traffic on the road to avoid disturbing the annual migration of wildebeest.
    Natural Resources and Tourism Minister Ezekiel Maige said rangers from the state-run Tanzania National Parks Authority would set up checkpoints and control the flow of traffic through a 53km section of the road cutting across the wilderness area.
     
  2. Rutashubanyuma

    Rutashubanyuma JF-Expert Member

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    TZ never stops amazing me for our lack of brain power.......................shule watu wamesom alakini hawajaelimika hata chembe..........................how can you claim you have inherent right to destroy the eco-system of serengeti simply because you are TZ government................
     
  3. LoyalTzCitizen

    LoyalTzCitizen JF-Expert Member

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    Aug 31, 2011
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    Tanzania has never had educated people simply because they might be educated but will never use their education for the sake of the society! PHD holder in Tz will use it for sex and other social fantasies. They will never use it for invention and other community activities. It sucks!
     
  4. Rutashubanyuma

    Rutashubanyuma JF-Expert Member

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    darasa la mtanzania ni tiketi ya ngono tupu hana jingine la kutusaidia labda tufikirie hata vyuo kufuta hii mikopo ni mzigo wa kitaifa kwa sababu wakitoka huko ni ngono tupu hawana msaada kwetu...........
     
  5. Aza

    Aza JF-Expert Member

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    Sep 2, 2011
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    this is good news,angalau watu wenye akili na elimu zao wameweza kuwadhibitishia awa mabwege-wataalam wa tz kuhusu ili...yani kuna watu sijui uwa hawafikirii kabla ya kusema/kutenda?
     
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