This archive report was first published on 3 September 2019.
On September 3, 2019, a city resident in Tanzania, Mr. Patrick Dezydelius Mgoya, filed a constitutional case with the High Court of Tanzania, challenging the legality of the presidential term limit in the country.
According to the Tanzanian Constitution, a president can serve a maximum of two terms, each five years long. However, Mr. Mgoya is questioning the legality of Article 40 (2) of the Constitution, which provides for a term limit for the President.
Mr. Mgoya is seeking a declaration and an accurate interpretation of Article 40 (2), as well as an outline of its impact. He is also seeking an interpretation of other Articles that speak on equality, freedom to participate in public affairs, and the right to work.
Mr. Mgoya argues that by setting a term limit, Article 40 (2) of the Constitution is violating constitutional provisions that empower citizens to exercise their rights and freedoms to participate in public affairs.
President John Magufuli has previously stated that he is not interested in extending his presidential terms beyond the constitutional limit. In April 2019, he reiterated his position against extending his rule, saying, “My position as president is temporary and once my tenure ends, I will leave on the very same day.”
Similarly, in August 2017, President Magufuli said, “I have taken oath to defend the Constitution. I shall play my part and pass on the leadership reins to the next Head of State when the time comes.”
