court on the proposed issues by the petitioner and made reference to
the case of Juma Issa Ramadhan vs Mkurugenzi Mkuu Shirika la
Bandari
Zanzibar,
Civil
Appeal
No.
47
of
2018
(TZCA
Unreported) at page 12 and the case of Ex- B.S356 S/Sgt
Sylivester S. Nyanda vs. The Inspector General of Police &
Another at page 11. Also, the case of James Burchard Rugemalira
vs the Republic, Criminal Appeal No. 391 Of 2017 CAT Dar es Salaam
(unreported) page 16 and that of Tina & Co Limited & 2 Others vs
Eurafrican Bank (T) Ltd, Civil Application No.86 of 2015 (CAT
Unreported) at page 5 and 6 were referred to the Court.
Addressing the issue on whether Section 9(b) of the Media
Service Act violates the provisions of Article 13 (6) (a) of the
Constitution. Her stance was that, the Applicant's allegation is without
merit. She based on the principle that, there is presumption of
constitutionality of statute until that presumption is rebutted by the
Petitioner. She said this can be done by adducing to the Court evidence
to the standard required under the constitutional petition. Supporting
her stand with the settled position of the law she echoed that, a mere
possibility that the law will be abused in its operation will not render the
provision of the law unconstitutional as held in the case of Attorney
8
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