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Honourable Members, The Constitution empowers the President to appoint the National Director of Public Prosecutions without stipulating any criteria to that effect. Although there are no requirements in law to do so, I decided to constitute a panel to assist in the process of appointment of the next NDPP,...

14,439 次观看 • 10 个月前 •via X (Twitter)

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THE CONDUCT OF PROCEEDINGS IN THE CASE AGAINST HONOURABLE TUNDU A. LISSU IS THE LAW BEING DISREGARDED? The Tanganyika Law Society (TLS) raises its voice regarding the troubling conduct in the criminal case against Honourable Tundu Antipas Lissu — a lawyer, former Member of Parliament, and one of the nation’s prominent advocates for human rights, good governance, and constitutionalism. Since his arrest, there has been a disturbing pattern undermining the principles of justice, violating legal procedures, and casting a heavy shadow over our criminal justice system. This is evident in the following: His arrest was conducted without adherence to lawful procedures, signaling an abuse of power; The charges appear to be politically motivated, raising serious concerns about the use of judicial processes as tools for political ends; Denial of even the basic right to greet and meet with fellow citizens before the official hearing of the case; Repeated adjournments of the case on legally unsubstantial grounds, indicating a deviation from legal focus; Interference with or denial of the accused’s right to private consultations with his lawyers, which violates the right to equal legal representation; Indications of breaches of the attorney-client privilege, which is protected under the Constitution and legal framework, and is a cornerstone of the right to an effective legal defense. The right of a client to consult privately with their lawyer is a fundamental right protected by the Constitution of the United Republic of Tanzania, the Evidence Act, and the Code of Ethics for Advocates. To restrict or interfere with this right is to undermine the foundation of the justice process and impair the accused’s ability to defend themselves adequately before the court. TLS emphasizes the following: The law must not be used as a weapon against justice; State authorities must not place themselves above the Constitution or the laws enacted by Parliament; The Director of Public Prosecutions (DPP) must reflect deeply on the significant constitutional powers he holds in criminal justice and whether there is sufficient accountability to protect citizens' rights and ensure adherence to the law at all times; The right to legal assistance is not a privilege — it is a right of every citizen. Any criminal case, especially those involving individuals with political or social stature, must be conducted with transparency, fairness, and with respect for human dignity. The Tanganyika Law Society (TLS) continues to closely monitor the progress of this case. We reiterate that justice must not only be done but must also be seen to be done. We call upon the Judiciary and all state organs to uphold and protect the rights of the accused in accordance with the law and the Constitution. Furthermore, we urge all lawyers in the country, the media, and human rights stakeholders to continue championing the protection of justice, freedom of expression, and the rule of law — without fear or favour. BAK MWABUKUSI President, Tanganyika Law Society (TLS)

Boniface Mwabukusi

15,205 次观看 • 1 年前

🚨#BreakingNews Thurston County judge blocks law allowing state commission to decertify elected sheriffs Judge Christine Schaller halted portions of Senate Bill 5974, signed by Gov. Bob Ferguson on April 1, one day before it was set to take effect. The measure would have required sheriffs and other law enforcement leaders to maintain certification with the Criminal Justice Training Commission, with decertification automatically creating a vacancy in elected office. 🟦 JUDGE CHRISTINE SCHALLER: "The statute allows an elected sheriff to have their peace officer certificate revoked by an administrative body based upon unconstitutional language. Such a revocation under the new law would result in a vacancy of the office of sheriff with the sheriff being removed. This also allows, again, an elected official, someone chosen by the voters, to be removed in the same way as an employee of theirs, another peace officer employee, could be removed. "And again, although a sheriff could seek judicial review, that would be after a decision was made by an administrative body and the vacancy and removal would be immediate. And the decision to revoke an elected official certificate would not be by someone in an elected and or public office, which is contrary to how removal of elected officials is treated by the constitution and, as far as the court is aware, for every other elected official in the state of Washington. " This process authorizes arbitrary and discriminatory enforcement. I find that the plaintiffs have a well-grounded fear of imminent invasion of their rights based upon what they have set forth in their statements and based upon my finding as it relates to number one, because the law is set to go into effect tomorrow. "And I find that the acts complained of are either resulting in or will result in actual and substantial injury. It impacts current sheriffs, the four, who have indicated they are seeking re-election. It affects their ability to fill out a declaration of candidacy form to declare themselves as candidates for the next election cycle. "Those three factors are also considered in light of the equitable factors, including balancing the relative interests of the parties and the interests of the public. The state has properly argued that this is a law that was passed by the Washington State Legislature. The legislators are elected by the people of the State of Washington and it should be given its due weight. And I have done that. "I also have considered the interest of the public in the right to allow a free elective process as well. And the public has a significant interest in the right to a free elective process, the freedom to choose candidates, and the freedom for candidates to set forth that they want to run for political office. "Accordingly, I find that those equitable interests weigh in favor of the plaintiff, and I will grant the preliminary injunction." 👇FULL VIDEO: 🎬 Dana Cruz, Puget Sound Patriots

Lynnwood Times

22,294 次观看 • 4 个月前

My zero hour speech in Parliament today on Manipulated Roaster system followed by DOPT to suppress marginalised communities from entering mainstream positions such as heads of organizations and secretaries of the department. ****************************************** Thank you, Deputy Chairman Sir. There is deliberate tinkering of the Department of Personnel and Training reservation roster system used in public employment within the Union Government and its agencies. This manipulation has systematically deprived Scheduled Castes (SCs), Scheduled Tribes (STs), and Other Backward Classes (OBCs) of their rightful representation in public employment and also to head the Government organisations. Reservation was introduced as an instrument of social justice to ensure fair representation for historically marginalized communities, and the reservation roster is a crucial component in implementing this policy. However, the reservation roster, as outlined in the Department of Personnel & Training (DoPT) Office Memorandum dated 2.7.1997, is fundamentally flawed. The issues continued with the subsequent memorandum dated January 31, 2019. These anomalies have resulted in the wrongful excess allocation of posts to Unreserved (UR) candidates at the expense of reserved categories. For example, according to the 2019 memorandum: - In the 13-point model roster, 9 out of 13 posts (including 1 EWS) are assigned to Unreserved candidates instead of the rightful 6—an unjust gain of 3 additional posts. - In Departments/organizations with only 2 sanctioned posts, both positions are assigned to Unreserved candidates, completely eliminating representation for reserved candidates. - In a cadre strength of 6, five positions are allocated to Unreserved candidates instead of the appropriate 3. - In small cadres (with less than 10 posts):- 70% of posts in a cadre of 10 are assigned to Unreserved candidates instead of the correct 50.5%. - 83% of posts in a cadre of 6 are assigned to Unreserved candidates instead of the correct 50.5%. - 100% of posts in a cadre of 3 are assigned to Unreserved candidates, completely eliminating reservation. These data’s furnished by me are not mere statistical discrepancies; they are systematic efforts to eliminate reserved candidates and favor Unreserved candidates, which constitutes a direct violation of the constitutional mandate for social justice. The first roster point, which carries significant importance, has been exclusively assigned to Unreserved candidates across all government institutions, leading to a deliberate distortion that ensures SC, ST, and OBC candidates are denied fair representation in Group ‘A’ and ‘B’ posts. Sir, to perpetuate an error is a sin, but to correct it is an administrative duty. The existing roster system represents a structured deception designed to suppress the rightful opportunities of marginalized communities, preventing them from entering mainstream positions such as heads of organizations and secretaries of the department. This constitutes a constitutional betrayal and an ongoing injustice that has persisted for decades. I urge the Hon’ble Prime Minister of India and Hon’ble Minister of State for Personal Pensions and Public Grievances to take immediate action to end this rigged reservation system and form a high-level committee with a retired supreme court judge from the disadvantage communities as Chairperson along with members ensuring proportionate representation from SC,ST, OBC and Unreserved categories to investigate the scam and devise a fair roster system. This committee should identify the total losses suffered by reserved categories since 1997 in public employment, recommend measures to compensate for these losses through additional recruitment drives, and propose solutions to ensure that SC, ST, and OBC candidates have fair and equal opportunities to lead government organizations atleast in future. M.K.Stalin Udhay All India Federation For Social Justice DMK

P. Wilson

13,274 次观看 • 1 年前

THE CONVERSATION BEGINS HERE: What does the law provide about demonstrations? 1. Article 37 of the Constitution provides that every person has the right to PEACEBLY and UNARMED to assemble, to demonstrate, to picket, and to present petitions to public authorities. 2. The right to assemble demonstrate, picket and present petitions to public authorities is hence exercisable under Article 37 of the Constitution under two conditional precedents which must be met: PEACEBLY and UNARMED. Have the maandamano we have witnessed being done PEACEBLY and by UNARMED persons? 3. Suffice it to note that the right to assemble, demonstrate and to picket is not an absolute right. 4. Article 24 of the Constitution provides that the right to assemble, demonstrate and to picket is one of the rights that can be limited vide legislation to ensure that the enjoyment of rights and fundamental freedoms by any individuals does not prejudice the rights and freedoms of others. Have the maandamano not taken away the right to property of Kenyans with the mass destruction not only of private property but public property? 5. Article 259(1)(b) of the Constitution provides that the Constitution shall be interpreted in a manner that advances the rule of law, and the human rights and fundamental freedoms in the Bill of rights. To what extent do the maandamano fall within the defined parameters of the Constitution in particular the Bill of Rights? Is looting, destruction of property, anarchy and hooliganism the definition of demonstrations? Certainly not. These are purely criminal acts that have no constitutional basis! The conversation should begin here.

Hon. Aden Duale, EGH

101,334 次观看 • 3 年前

JUST IN: FIFA President Gianni Infantino breaks silence, says decision to lift the suspension of USA's Folarin Balogun had nothing to do with President Trump's call. Read his statement below: "I have seen the public comments regarding the decision of the independent Fifa Disciplinary Committee related to the suspension of Folarin Balogun, and I would like to reiterate a fundamental principle of Fifa’s governance. Fifa’s judicial bodies are independent. They operate autonomously, apply the Fifa Disciplinary Code, and decide cases based on the applicable regulations and the specific facts before them. Their independence is essential to the credibility and integrity of football, and this must always be respected. Yes, I regularly discuss matters related to the Fifa World Cup with the President of the United States, and on this matter, I did receive a call from President Donald Trump, just as I receive calls from heads of state, government officials, football stakeholders and business executives from around the world on many different issues. During our conversation, I explained that there was an ongoing legal process involving Fifa’s independent judicial bodies and that the case would be decided in due course by the competent bodies. That is how Fifa’s system works, and it is a principle that I will always uphold. I read the decisions of the Fifa Disciplinary Committee when they are issued. Sometimes I am surprised by them. Sometimes I agree with them, and sometimes I disagree. What I always do, however, is respect those decisions and the autonomy of the bodies that make them. Whether we personally like a decision or not is irrelevant. Respect for independent institutions and the rule of law is what protects the integrity of our competitions and the credibility of Fifa at all times."

Collin Rugg

731,783 次观看 • 2 个月前

[WATCH] IN THE INTEREST OF JUSTICE AND DEMOCRATIC PARTICIPATION. In the interest of democratic participation and to allow our communities to exercise their fair choice in selecting those they believe will be the best public representatives. Those communities affected we believe should be given the opportunity to participate in the democratic processes. It is not harmful to democracy to allow the investigation into the technical issues to take place. On of the major changes is how the ANC manages the candidate selection process is that there are new requirements, the criteria we use now is much more stringent to ensure that those we send to contest elections are qualifying and wanted by their communities, both in ethical conduct, skills and competence. What that means is that ANC processes of candidates selection are very laborious and we are the first to admit that they are laborious because we involve over a period of time many stakeholders including the community, to those who say why we left things to the eleventh hour we can say categorically we did not. We want to assure our members and communities that those communities and municipalities affected we are dealing with this issue and do find justice in the process and that they will exercise their democratic right. That is why we are asking for a constructive solution with the independent electoral commission and we do believe they will open the door to engagement, it is a Chapter 9 institution it is duty bound to find a solution as long as that solution does not break the law. We are not asking for any changes in our list, we are asking for that portion that was kicked out to be investigated.

ANC SECRETARY GENERAL | Fikile Mbalula

65,958 次观看 • 8 天前

I have listened to the debate on Constitutional Amendment Bill No. 3 between legal scholar Dr Justice Mavedzenge and political scientist Prof Jonathan Moyo today on Twitter. Without any doubt, Dr Justice Mavedzenge explained, clarified, and made ordinary people understand the issues, and more importantly, in my humble view, he won the debate on whether there is need for Constitutional Amendment Bill No. 3 to be subjected to a referendum or not. Anything done for the people, as Prof Jonathan Moyo says these monumental amendments are, should be subjected to the people. The Constitution is not ambiguous on this. It is clear that term limits should be subjected to a referendum for any change to be done legally. Under Section 328 of the Constitution of Zimbabwe, any amendment that seeks to extend the length of time a President may hold office, or to remove or alter term limits in a way that benefits an incumbent, cannot apply to the sitting President and must be subjected to constitutional safeguards. You cannot claim to be doing something for the people and yet deny those same people the right to have a say. Prof Jonathan Moyo has a right to his views, but those views must be subjected to the law for the amendments to be implemented legally, and based on what I have read in our Constitution, his views are not aligned with the law. And I am not making this up. It is in the Constitution. Even veteran Zimbabwean lawyer and former ZANUPF legal secretary, Patrick Chinamasa, has said so. In this video, he explains in front of President Mnangagwa that what they are attempting to do today, which Prof Jonathan Moyo argues does not require a referendum, would in fact require two referendums. One to remove or alter presidential term limits from five to seven years, and another to extend the sitting president’s tenure to 2030. This position was declared, and not contradicted, at a ZANUPF conference in Bulawayo. What the broader legal fraternity in Zimbabwe is saying, save for a few lawyers who have since revised their positions and now echo the same view, is that the Constitution is explicit on these prescripts. Anything else is political propaganda to win hearts and minds. The problem with propaganda is that it cannot be anchored in constitutional provisions. It rests on opinion. In this instance, however, we are not expressing opinions. We are stating what is contained in the Constitution and what ZANUPF itself has previously acknowledged. You can decide today that you want a 20-year presidential term. That is your right to hold that view, but you must subject that proposition to the law. If you believe in it, take it to the citizens in the manner prescribed by the Constitution. You cannot decide, through opinion or political argument, whether a referendum is required or not. That question is not settled by what anyone thinks. It is settled by what the law says. If the Constitution requires a referendum, then you must subject yourself to it. That is how constitutional democracy works. We know that the judiciary in Zimbabwe is captured. We know how they are going to rule, but the whole world knows the truth, that if they rule in favour of these amendments going ahead without a referendum, they are simply a captured judiciary without the respect that is required for anyone holding such an important office, and history will remember them as such.

Hopewell Chin’ono

62,431 次观看 • 6 个月前