sufficient legal basis for the creation of the Electronic and Postal
Communications (Online Content) Regulations, 2018? As is clear from
my discussion of the law and my analysis of the rival arguments of the
disputing parties herein, I am settled in my view that section 103 (1) of
the Act provides sufficient basis for the creation of the Regulations
except in the context I have explained above.
The next question would then be: In promulgating the Regulations,
has the 1st respondent acted, in the words of the applicants, “in excess
of
powers,
illegally,
against
the
principles
of
natural
justice,
unreasonably, arbitrarily and ambiguously”? My answer to this question
is in the negative— the only exception being in respect of the definition
of the word “content” in the Regulations, where I find the 1st respondent
to have exceeded his powers in defining that word in a way that is in
conflict with the definition provided by the parent Act. Having said that,
certiorari is granted by quashing the definition of the word content in
the Regulations.
Save for the aforesaid, the application is dismissed, with an order
that each party to bear its own costs.
Order accordingly.
Dated and delivered at Mtwara this 9^\iay of January, 2019.
I '
W.P. DYANSOBERA
//
JUDGE
25
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