of 2014 and section 18(1) & 19 (3) of the Law Reform(Fatal Accidents
and Miscellaneous Provisions ) Act Cap 310, R.E 2002, and
any other
Provisions of the Law. It is supported by an affidavit of one
enabling
Saed Kubenea and submissions made by Dr. Lugemeleza Nshallah and
Mr Nashon Nkungu learned counsel for the applicant.
The
Patrick
a joint counter affidavit taken
respondents filed
Kipangula
out
making
which was
a case
by one
supported
by
submissions of Mr. Haruni Matagane, learned Senior State Attorney.
There is also a statement by the applicant and a Reply to that
statement both filed in terms of the governing law.
The
background
of the matter
Mwanahalisi Newspaper which
is that the applicant
is alleged
owns
to have published three
offending stories before it published the September 18 - 24,th 2017,
the last straw, that earned them the ban. There is no dispute that a
ban
was
issued
against
publication of the Newspaper
on
18th
September 2017. The applicant's contention is that the first respondent
who issued
the ban
had no authority to act as he did and that no
charges against the said applicant were preferred let alone affording it
the night to be heard.
Dr .Nshallah submitted that the first respondent purported to act
under section
58 of the
Media Services Act No. 12 of 2016 but the
learned counsel submitted that the Deputy Minister has no such powers
under that provision.
2
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