In determination of this petition, it is better for us to be very clear
from the beginning that, the genesis of this application is the breach of
constitutional right guaranteed under the Article 18 of the Constitutional
of the United Republic of Tanzania of 1977 (referred herein URT) as
amended. It is the petitioner's claim that her constitutional right has
been violated by the act of suspension of Uhuru newspaper for 14 days,
the order given by the director of information on 11thAugust 2021 while
exercising powers conferred to him under section 9 (b) of the Media
Service Act No. 12 of 2016.
The petitioner's claim is that being a reader of Uhuru News Paper,
its suspension
has violated
her rights of receiving and seeking
information which she used to enjoy from the said newspaper.
As a
result, the alleged act of suspension violated her rights under Article 18
of the Constitution.
Looking at the petition itself, it has been brought under the
originating summons through the provisions of Articles of Article 26 (2)
and 30 (3) of the URT, section 4 and 5 of the Basic Rights and Duties
Enforcement Act, Cap 3 RE 2019 (referred herein as BRADEA) and Rule
4 of the Basic Rights and Duties
Procedures) Rules of 2014.
ii
Enforcement ( Practice and
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