Therefore, powers under section 9(b) of the Act and the remedies
provided thereafter are sufficient safeguards of the right guaranteed
under Article 18 of the constitution of URT as well as Article 26 of the
Constitution. Based on the findings above we find no basis for invoking
this Court's to declare otherwise as to the warning of the Court of
Appeal in Attorney General vs W. K. Butambala [1993] TLR 46 in
which the Court stated:
"We need hardly say that our Constitution is a serious and solemn
document. We think that invoking it and knocking down laws or
portions o f them should be reserved for appropriate and really
momentous occasions. Things which can easily be taken up by
administration initiative are best pursued in that manner."
Also, the allegation that section 9 (b) of the Media Service Act,
violates Article 13 (6) (a) of the Constitution is of unfounded until that
presumption is rebutted by the petitioner by adducing evidence to the
Court. A mere possibility that the law will be abused in its operation will
not render the provision of law unconstitutional as held by the Court of
Appeal of Tanzania in the case of Christopher Mtikila Vs Attorney
General [1995] TLR 31 at page 55 that;
22
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