Africa-Press – Tanzania. THE Solicitor General, Mr Gabriel Malata, has asked the High Court in Dar es Salaam to dismiss with costs the application lodged by Legal and Human Rights Centre (LHRC), challenging introduction of electronic transfer and withdrawal transaction levy on money transactions.
He told Judge John Mgeta on Monday that the application under which, the LHRC, who is the applicant, seeks leave to apply for judicial review on regulations published by the Minister for Finance and Planning is untenable in law and frivolous.
According to the Solicitor General, the regulations published under Government Notice No 496 were made by the minister and two other respondents in execution of their constitutional duty of looking for sources of government’s revenues.
He submitted that the move taken by the applicant was illegal because there is no any decision that has been made by the respondents, who also include the Minister for Communication and Information Technology and Attorney General, which could be challenged by way of judicial review.
The Solicitor General pointed out further that the application in question is bad in law for want of a legal system. He emphasized that the application has been filed by a legal entity, the LHRC, without being accompanied by a Board resolution.
He submitted further that the Executive Director with the LHRC, Ms Anna Hega, who has sworn an affidavit to support the application, has no mandate to take such legal action on behalf of the Centre without being sanctioned by the Board.
Furthermore, the Solicitor General told the court that if Ms Hega was so aggrieved with the respondents’ action, she could on her own taken the court action instead of hiding behind the LHRC. It was his further submissions that she lacked locus standi to support the application.
Mr Malata pointed out that there was no cause of action established by the applicant, as there was no evidence that has been shown through the affidavit filed to show how they have been affected by the respondent’s actions of discharging their constitutional mandates.
Though the deponent has indicated that she is among subscribers of several mobile phones and that has been transacting money on various occasions, it was the position of the Solicitor General that she ought to have indicated evidence how she has been affected.
Responding to the said government’s position, Advocate Mpale Mpoki, for the applicant, asked the court to overrule the objections raised by the respondents and allow his client to present his case and show evidence against the promulgation of the government’s action.
He told the judge that the application in question was not frivolous because the law allows regulations as published by the minister for finance to be challenged by way of judicial review.
He submitted that the question relating to presentation board resolution was not a pure point of law, which could be entertained at such an early stage of proceedings.
According to Mr Mpoki, such an issue needed to be proved by evidence and could, thus, not qualify to be a preliminary objection to be adjudicated upon at the moment.
On the question of locus standi, it was the position of the counsel for the applicant that the affidavit in support of the application clearly indicates some evidence showing that the deponent is subscribers to various mobile phones has indicated how she has been affected by the actions taken by respondents.
After hearing both parties, the judge said that he will deliver the ruling on the matter on September 8, 2021.
In the application, the applicant is seeking leave to apply for orders of certiorari to quash the Government Notice published by the Finance Minister on June 28, 2021.
The applicant further seeks for leave to apply for orders of prohibition to restrain the two ministers from acti9ng in any way of the operation of the Government Notice, pending hearing and determination of the application for substantive orders.
