The High Court of Tanzania in Dar es Salaam yesterday adjourned until April 15 a civil case filed by David Kafulila asking the court to nullify the NCCR-Mageuzi National Executive Council (NEC)’s decision, which led him to ‘lose his parliamentary seat’, which he challenges as unconstitutional.
The case was adjourned by High Court Registrar Amir Msumi because Justice Alice Chingwile, who presides at the case is in Morogoro region for other official duties.
Justice Chingwile accepted an application filed by Kafulila at the High Court in which he sought an order to suspend a move by the NCCR-Mageuzi NEC to expel him from the party until the main case he filed at the same court to challenge the sacking was heard and determined.
NCCR-Mageuzi Constitution and Justice head Dr Sengodo Mvungi said the court order made it impossible for the party to assist Kafulila, who had earlier presented a letter requesting review of the party’s decision.
“We have received a court order directing the party to take no other steps regarding the standoff between the party and Kafulila. We were all surprised because Kafulila had already written to the party seeking review of the party’s decision on the matter,” Dr Mvungi said.
Dr Mvungi wondered why the High Court did not give the party an opportunity to be heard in the application for injunction order to block the execution of the party’s decision filed by Kafulila. “The High Court under Justice Chingwile issued an order based on facts from one side. We were not given a chance but we will comply with the order,” Dr Mvungi said.
Kafulila with three other NCCR-Mageuzi members were on December 18 expelled Kafulila was expelled from the party over allegations of misconduct and running an underground campaign to oust the party’s chairman James Mbatia.