The legal
counsel defending Prime Minister Mizengo Pinda in a constitution case
yesterday asked the high court to dismiss the petition filed by two
institutions.
On August 1, 2013, the Legal and Human Rights
Centre (LHRC) in collaboration with the Tanganyika Law Society (TLS)
filed a petition against Prime Minister Mizengo Pinda for the remarks he
made in Parliament last June. The petition came following a statement
issued by the Premier while attending the August House on June 20, last
year where he called upon law enforcers to beat up whoever failed to
obeyed a lawful order.
Yesterday, the legal team led by deputy attorney
general George Masaju told a three-judge bench led by Principal Judge
Fakihi Jundu that the petition did not include the signatures of
institutions that brought a suit in court.
“Any application submitted before the court should
abide by proper legal procedures failure to which it should be
nullified because already this court has made various verdicts on
matters similar to this suit,’’ he said.
In his submission that included citation of
various similar cases, Mr Masaju told the court that the petitioners
failed to abide by Section 58 and 59 of the Evidence Act which provides
for facts of which the court takes judicial notice.
The legal discrepancies in the petition according
to the deputy AG were enough to convince the court to quash and set
aside the entire petition.
Judge Jundu adjourned the case until today and the
respondents will submit the remaining counter arguments against the
petition. Apart from Pinda the other respondent is the Attorney General
Frederick Werema.
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