Tanzania
Elections Act, 1985
Election Complaints Rules, 1990
Government Notice 418 of 1990
- Published in Tanzania Government Gazette
- Commenced on 1 October 1990
- [This is the version of this document at 31 July 2002.]
- [Note: This legislation has been thoroughly revised and consolidated under the supervision of the Attorney General's Office, in compliance with the Laws Revision Act No. 7 of 1994, the Revised Laws and Annual Revision Act (Chapter 356 (R.L.)), and the Interpretation of Laws and General Clauses Act No. 30 of 1972. This version is up-to-date as at 31st July 2002.]
1. Citation
These Rules may be cited as the Election Complaints Rules.2. Interpretation
In these Rules, unless the context requires otherwise—"the Act" means the Elections Act1, and includes any subsidiary legislation made under it;"the Chairman" means the Chairman of the Commission;"the Commission" means the National Electoral Commission established by the Constitution2;"complaint" means any complaint of irregularities during any event or process in the conduct of the registration of voters, the campaigns, the voting or counting of votes in relation to elections carried out under the Act;"complainant" means the person instituting an election complaint or his advocate or other representative;"election complaint" means a complaint launched by a complainant in accordance with these Rules, challenging the validity of an election in any constituency after the results have been declared;"election officer" means a Returning Officer, a presiding officer or any other officer upon whom any function of official nature is conferred by the Act;"the Panel" means the Election Complaints Panel referred to in section 4B(2) of the Act;"prescribed" means, in relation to forms, the forms prescribed in the Schedule to these Rules, and in relation to anything else, that thing as prescribed in the relevant provision of these Rules;"respondent" means a person against whom a complaint is made and includes any person joined as a party to the complaint;"the Secretary" means the Secretary of the Commission appointed under section 4A(4) of the Act.3. Language of proceedings
The proceedings and processes before the Panel in relation to election complaints may be conducted in English or Kiswahili, but the record of the proceedings to be kept by the Panel shall be in English language.4. Institution of election complaint
5. Parties to an election complaint
6. Addition and substitution of parties
7. Grounds which may be taken at hearing
The complainant shall not urge or be heard in support of any ground the complaints in relation to which were not previously raised and submitted to the Commission along with the report of the Returning Officer for the constituency in question; but the Panel shall not, in determining an election complaint, be confined to the grounds set forth in that election complaint.8. Presentation of election complaints
9. Scrutiny by Secretary
10. Service of election complaint
11. Fixing of hearing date
12. Place and time of trial
13. Lists of votes objected
14. Abatement of election complaint
15. Withdrawal of election complaint
16. Trial open place
Every election complaint shall be tried in a building or place which shall be open to the public.17. Postponement of trial
18. Adjournments
19. Illness of member
20. Failure by complainant to appear
21. Failure by respondent to appear
22. Appearance by advocate and costs of representation
23. Principles as to admission of evidence
For the purposes of determining whether or not to hear or receive any evidence, or whether or to what extent any evidence received be relied upon in reaching its decision on any matter, the Panel shall take into account and be guided by the principles that—24. Power to receive evidence
Subject to complying with the principles set out in rule 23, and with the other provisions of these Rules, the Panel may receive any evidence as long as it is relevant to the matters involved in the election complaint, it is useful for the determination of the election complaint, and it is worthy of belief, whether or not the evidence is evidence within the meaning of the law for the time being in force in relation to the admissibility of evidence in courts of law.25. Evidence and examination
26. Confessions
No confession which is tendered as evidence shall be rejected on the ground only that a promise, threat or inducement was or has been held out to the person confessing unless the Panel is of the opinion that the promise, threat or inducement, as the case may be, could have occasioned the making of an untrue admission.27. Burden of proof
The burden of proving any fact which is alleged to exist shall be upon the person alleging the existence of the fact.28. Election complaint not to be dismissed for reason of irregularity
29. Judgement
30. Reports to and by the Commission
31. Prescription of forms and fees, etc.
History of this document
31 July 2002 this version
Consolidation
01 October 1990
Commenced
Cited documents 2
Legislation 2
1. | Katiba ya Jamhuri ya Muungano wa Tanzania, ya Mwaka | 2628 citations |
2. | Elections Act, 1985 | 7 citations |