Kashaijabutege
JF-Expert Member
- Oct 20, 2010
- 2,696
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Probably, I don't get it right. Is Professor Tibaijuka still thinking of uniting women of Tanzania? One of my friend warned me "Never advise your children to drop history, other subjects might be irrelevant sometimes, but not history"
Can somebody update me on the aftermath of the ruling below?
DailyNews by FAUSTINE KAPAMA, 3rd April 2009 @ 07:00
The High Court has declared unconstitutional the governments 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 governments 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.
Can somebody update me on the aftermath of the ruling below?
DailyNews by FAUSTINE KAPAMA, 3rd April 2009 @ 07:00
The High Court has declared unconstitutional the governments 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 governments 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.
