DAR ES SALAAM, Tanzania
The High Court of Tanzania on Wednesday June 23, dismissed an objection filed by the 19 Special Seats Members of Parliament (MPs) of the leading opposition party, Chadema regarding their expulsion from the party.
Judge John Mgeta, delivering
the ruling, said that the court reached its verdict after reviewing arguments
submitted by both sides, where seven objections by the political party were
presented by advocate Peter Kibatala.
The technically disqualified
MPs led by the party’s former women’s wing chairperson Halima Mdee, filed an
objection to expulsion, asking the court to impose a restraining order on the
matter.
Observers said the ruling
removes all restraint due to expulsion from the party, as the High Court
accepted two out of the seven objections presented by the party, directing those
adjustments be made on five other objections.
The court faulted objections
filed by Mdee and 18 others, asserting that the MPs addressed the wrong
applicant who in accordance to the laws was supposed to be the registered
trustee, citing Section 21 (1) of the Political Parties Act as requiring each
registered political party to appoint trustees.
Chadema advocate Jeremia
Mtobesya asked the court to dismiss the files objections as the MPs sued the
National Electoral Commission (NEC) “which should not have been involved in the
case.”
He said the court has no
powers to questions decisions by NEC, in accordance with Section 74 (12) of the
constitution.
Party secretary general John
Mnyika said the Attorney General is now expected to inform the Speaker of the
National Assembly on the court decision, with the Speaker expected to implement
the court order right away and formally “ordering the expelled MPs to leave the
House.”
On May 11 the party governing
council voted unanimously to expel the 19 Special Seats MPs for having been
sworn in without the blessing of the party, after which former Kawe MP Halima
Mdee said the voting process was clouded with intrigues and lacked
transparency. - The Guardian
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