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Tanzania: Court Rejects Petition Against Government

todayJanuary 4, 2024 1

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DAR ES SALAAM: THE High Court, Dar es Salaam Main Registry, has rejected the constitutional petition lodged by three people to oppose the government’s move to evict residents from game-controlled areas comprising three former villages, Serengeti, Nyatwali and Tamau, within Bunda District.

Judge Obadia Bwegoge reached into such a decision after granting one ground of preliminary objection lodged by the Attorney General and four other defendants against the petition presented by Alfred Malagila, Elizabeth Bahehe and Makoye Ng’erere, the petitioners.

“Now, therefore, having sustained the first limb of the preliminary objection on the point of law, I hereby strike out the petition herein for reason of incompetence,” he declared in his ruling delivered recently.

Other respondents in the matter were Ministry of Natural Resources and Tourism, Ministry of Land, Housing and Human Settlements Development, Regional Commissioner of Mara Region and District Commissioner of Bunda.

The judge held that the petitioners had other alternative remedies they ought to have exhausted first before deciding to file the constitutional petition in question.

He revisited what was deponed by the petitioners in support of the matter and came to conclude that what was being complained of was administrative made by the government and its agencies, which could be challenged by way of judicial review.

“I am constrained to purchase the argument made by the respondents’ attorney in that the petitioners herein have not exhausted the available statutory remedy for the alleged acts of the government and its agencies,” the judge said.

He noted that the Government Notice No. 269 of 1974 declared the area of Peke Gulf (Ghuba ya Speke) which includes the former three villages, Serengeti, Nyatwali and Tamau within Bunda District Council as game-controlled areas.

The judge observed until recently that the government was taking initiative to merge the Speke Gulf Game controlled area with Serengeti National Park in compliance with executive directives issued in 2006, whereas evaluation process is underway to pave way for the forthcoming eviction.

It was deponed in the affidavit of the petitioners that Tamau, Nyatwali and Serengeti villages were established in 1976, 1987 and 2009, respectively.

That sometimes in January 2006, the former President of United Republic of Tanzania, Dr Jakaya Mrisho Kikwete, ordered the Ministry of Natural Resources and Tourism to merge the Speke Gulf Game controlled area with Serengeti National Park.

Different measures were taken by the Ministry with the help of Regional and District Authorities to implement the Order, including formulation of the said agenda which was discussed in several meetings conducted by the Council and village governments of the respective villages.

That, throughout all the meetings conducted, the members suggested non- eviction of the citizens on their villages and they suggested other means rather than eviction, including the government to create proper infrastructures to enable water supply in the Serengeti National Park.

The petitioners deponed that despite all the meetings conducted on how to implement the Order of merging the Speke Gulf with Serengeti National Park, there were no formal eviction process conducted, but rather more discussions on how to implement the Order.