Besides the argument that the banning a newspaper for a sole
reason that it interfered with the right of another was harsh as there
were some other measures that could have been resorted to which are
not as harsh as banning a newspaper which at the end would affect the
rights of thousand other readers in the country.
It
is
unfortunately that
going
through
the
pleadings
and
submissions made thereon, we have never found any alternative
remedy provided by the petitioner which could be taken in lieu of the
act provided under section 9 (b) of the Act.
As stipulated under Article 30 (2) of the Constitution, the power
exercised under section 9(1) is one to safeguard the rights and
freedoms of other people or of the interests of the public as in the case
of Julius Ishengoma (supra). Whereby the Court of Appeal of
Tanzania held at page 38 that:
"Fundamental rights are subject to limitation. To treat them as
absolute is to invite anarchy in the society. Those rights can be
limited but the limitation must not be arbitrary, unreasonable and
disproportionate to any claim o f state interest [...] under the
constitution an individual's fundamental right may have to yield to
the common weal o f the society (Emphasis supplied).
21
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