Tanzanian files case questioning presidential term limit
Tuesday September 03 2019
Tanzanian President John Magufuli has said he will not extend his time in office beyond the constitutional limit. PHOTO | FILE | NATION MEDIA GORUP
Dar es Salaam,
A city resident has filed a constitutional case with the High Court of Tanzania, questioning the legality of the presidential term limit in the country.
According to the law, a president can serve a maximum of two terms, each five years long.
Mr Patrick Dezydelius Mgoya is questioning the legality of Article 40 (2) of Tanzania's Constitution, which provides for a term limit for the President.
He asked the court to issue a declaration and an accurate interpretation and outline the impact of Article 40 (2).
Mr Mgoya is also seeking an interpretation of other Articles that speak on equality, freedom to participate in public affairs and the right to work.
He argues that by setting a term limit, Article 40 (2) of the Constitution is violating constitutional provisions that empower citizens to exercise their rights and freedoms to taking part in public affairs.
Mr Mgoya’s case comes at a time when President John Magufuli has, on several occasions, said that he is not interested in extending of his presidential terms for even five minutes longer.
In April this year President Magufuli reiterated his position against extending his rule beyond the constitutional limit.
“My position as president is temporary and once my tenure ends, I will leave on the very same day,” he told a public rally in Newala, Mtwara Region.
In August 2017, President Magufuli said: “I have taken oath to defend the Constitution. I shall play my part and pass on the leadership reins to the next Head of State when the time comes.”