rural and urban development planning, the exploitation
and utilization o f minerals or the increase and development
o f property o f any other interests for the purposes o f
enhancing the public benefit; (c) ensuring the execution o f
a judgment or order o f a court given or made in any civil or
criminal matter; (d) protecting the reputation, rights and
freedoms o f others or the privacy o f persons involved in
any court proceedings, prohibiting the disclosure o f
confidential information or safeguarding the dignity,
authority and independence o f the courts; (e) imposing
restrictions, supervising and controlling the formation,
management and activities o f private societies and
organizations in the country; or (f) enabling any other
thing to be done which promotes or preserves the national
interest in general.
As to the issue of whether the restrictions on access and availability of
Clubhouse in Tanzania by the 2nd Respondent are justifiable, that too ought to be
examined. However, this issue
should not detain us much as we have observed and
concluded based on evidence adduced by the parties that there were or there is no such
restriction(s). Thus, analysing the said issue in detail is nothing but an academic exercise,
which we decline to do.
The 1st Respondent has not admitted that it is responsible for the ongoing restriction
of Clubhouse. It is incumbent upon the Petitioner proving his case than shifting the
burden of proof to the Respondents. The latter will have a task of justifying the alleged
restriction under Article 30[2] of the CURT. That the restrictions must pass a three-part test.
26
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