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Mtikila: Court war over private candidates again
2007-02-19 10:17:49
By Pascal Shao
The Democratic Party National Chairman, Rev Christopher Mtikila, says he will today file a petition in the High Court of Tanzania to block the forth-coming Tunduru by-elections because `they are unconstitutional.`
The by-elections involve the Tunduru parliamentary and wards councillorship seats, which were left vacant after the death of Minister of State in the Prime Minister`s Office responsible for parliamentary affairs, Juma Akukweti, who succumbed to wounds sustained during a plane crash that occurred in Mbeya.
There are by-elections to be held in other parts of the country in relation to vacant counsellors’ seats.
Some of the wards where the local government elections will take place are Ngonongo (Rufiji), Chungubweni (Mkuranga), Mwalugulu (Kahama), Old Korogwe (Korogwe), and Lupingu (Ludewa). In total, there are 14 counsellors’ seats to be contested.
Mtikila is objecting to the forthcoming by elections on two grounds.
One, the Tunduru by-election is allegedly taking place without giving a room for registration of new voters who were not recorded in the 2004 as they were minors of 15, 16 and 17 years of age.
Rev Mtikila said:`Now that the youth who make the majority of voters have reached the voting age of 18 years and above, they should therefore be allowed to vote as this is their constitutional right.`
He added: `We expected NEC to announce that those who have attained eighteen years shall be registered for voting in the forthcoming by-election.`
Rev Mtikila is also objecting to the NEC decision of not nominating private aspirants to contest the Tunduru parliamentary constituency and ward councillorship elections in areas that were left vacant.
On May 5 last year, a three-judge bench comprising Principal Judge Amir Manento, Judge Salum Massati and Judge Thomas Mihayo of the High Court, delivered a judgement allowing independent aspirants from participating in presidential and parliamentary seats.
Rev Mtikila said yesterday: `It is illegal to conduct an election that goes against the High Court judgement. Both the National Electoral Commission and the general public should respect it.`
On Friday last week, the NEC Chairman, Judge Lewis Makame, announced in Dar es Salaam that the Commission would not nominate private candidates for the forth-coming by-elections, despite a High Court ruling which states that disallowing independent aspirants from participating in presidential and parliamentary elections is unconstitutional.
Judge Makame made the decision public in an official notice to political parties and the general public.
The announcement comes a few days after two feminist organizations, FEMACT and Concerning for Development Initiatives in Africa (FORDIA), demanded a government stance regarding private candidates in the looming Tunduru constituency by-election.
Specifically, the feminist coalition point of argument was that it is wise for the government to comply with the High Court`s judgment issued in May, last year allowing independent candidates to run for presidential and parliamentary positions.
Judge Makame said the electoral body had already informed all political parties and the general public in areas set to hold by-elections about the decision.
He said the High Court had directed the government to prepare a legal system which would help private candidates to contest in the coming elections.
According to article 30 (5) of the country`s constitution, the legal system which does not allow private candidates shall remain in force until the time cited by the High Court is over.
He said the system would operate until the government ammended the law so that private candidates were allowed to take part in elections, adding that the High Court decision did not mean that the relevant constitutional articles had been nullified.
According to NEC’s schedule, registration forms will be available on February 20 and the by-election is slated for March18.
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