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Don’t celebrate yet, NEC tells ‘unopposed’ runners

Discussion in 'Uchaguzi Tanzania' started by Zak Malang, Aug 24, 2010.

  1. Zak Malang

    Zak Malang JF-Expert Member

    #1
    Aug 24, 2010
    Joined: Dec 30, 2008
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    Don’t celebrate yet,Nec tells ‘unopposed’runners
    By Mkinga Mkinga

    Its too early for unopposed parliamentary candidates to celebrate after their rivels were disqualified through objections,the National Electoral Commission cautioned yesterday(NEC)

    The NEC director for elections, Mr Rajab Kiravu, told The Citizen yesterday that aspirants who have been axed by the returning officers following objections by the rivals, have a right to appeal to NEC.

    He said there is great possibility that NEC, which started to receive the appeal yesterday, might overturn the decisions by the returning officers, if it is presented with evidence to prove that the decisions by the returning officers were not on merit.

    Until now there are about four parliamentary candidates, all of them from ruling Chama Cha Mapinduzi (CCM), who have found themselves without contenders after their objections were upheld by returning officers.

    They include three ministers and one member. They are Mr Lawrence Masha, the minister for Home Affairs and candidate for from Nyamagana constituency and his Sengerema counterpart, Mr William Ngeleja, who also serves as the minister for Energy and Natural Resources.

    The list is also made up by the minister for Foreign Affairs and International Cooperation, Mr Bernard Membe who contest for Mtama constituency in Lindi region as well as Singida Urban candidate, Mr Mohammed Dewji.

    They were all declared sole candidates by returning officers in their respective constituencies after the objections against other contenders were upheld.

    Mr Kiravu explained yesterday that though returning officers have been empowered to determine and rule on the objections, but the final say is placed on NEC.

    “That is why the law has provided for a chance of appeal to parliamentary and councillorship candidates who will be not satisfied with the decisions by returning officers. And if NEC finds that the appeals have merit, NEC is going to overturn the decisions,” said Mr Kiravu.

    Mr Kiravu’s explanation means that decisions by returning officers over some of the objections were not final providing for a chance of some of those who have been axed to bounce back in the race.

    The Election Act of 1985 it clearly states that any candidate who is dissatisfied with the decision of the returning officer on the validity of an objection may, in such manner and within such a period as the commission may prescribe, appeal to the commission and the decision of the commission shall be final and conclusive and shall not be challenged in any court.

    Mr KIravu said yesterday that NEC has started to receive appeal from contestants who have been axed by returning officers to ensure that justice is done.

    “The law clearly states that at the level of constituency and ward returning officer have mandated to approve objections,” Mr Kiravu said.

    Some of those who have been axed by returning officers were due to their questionable citizenship and the Election Act states that where returning officers decide on any objection under section (4), which deals with citizenship matters, he shall notify the candidate in writing concerning his decision.

    According to the law, returning officers have a duty of confirming citizenship of the candidates in case of any objections. If they are pleased that the citizenship was questionable, they are allowed to axe the candidate from the race.

    But a prominent lawyer in Dar es Salaam, Mr Twaha Taslima said any person who is a returning officer or registrar of political parties who claims an aspirant is not a citizen should prove it with evidence.

    “Returning officer should prove that the objected aspirant is not a citizen... he should provide all details and documents to justify the claim,” Advocate Taslima said.

    Mr Masha sailed through unopposed after the Chama Cha Demokrasia na Maendeleo (Chadema) legislative post aspirant for Nyamagana constituency, Mr Wenje Dibogo Ezekiel, was disqualified on grounds of citizenship and porovidning wrong information about his designation.

    Earlier, the Civic United front (CUF) and Jahazi Asilia aspirants for Nyamagana constituency were disqualified for failure to adhere to election rules.

    CUF’s contestant, Mrs Mwendwa Rehema, was disqualified for failing to beat the deadline for returning the forms. While the deadline was set for 4pm last Thursday, she reportedly retuned the forms at 4.05pm. the Jahazi Asilia’s Mr Muhamad Juma was disqualified for collecting 20 signatures of supporters instead of 25.

    “The injunction against him by Mr Masha was among other things on citizenship and he failed to bring any evidence to prove that he is a Tanzanian,” said the returning officer, Mr Wilson Kabwe.

    According to Mr Kabwe, Wenje did not submit any affidavit, passport, birth or school certificates to prove his citizenship.

    But Mr Wenje said he was currently in consultations with Chadema’s Mwanza Region administration and he will later travel to Dar es Salaam to continue consultations with party lawyers on the next course of action.

    “I do not agree with the ruling and we shall appeal, if the appeal doesn’t go through I will go to Rorya in Mara region where I come from and tell the people there that the Minister for Home Affairs has taken my citizenship,” he said.

    In Sengerema, two opposition parties’ legislative contestants were also disqualified following an objection lodged by Mr Ngeleja.

    The contestants from CUF, Mr Mbaraka Saidi Chilu and Chadema’s contestant Mr Magafu Salvatory had their candidacy disqualified at the eleventh hour after failing to defend their innocence on allegations lodged against them.

    Speaking to The Citizen, the constituency’s returning officer Ms Erica Msika said CUF’s contestant did not fill form number 10 as well as failure to adhere to election code of conduct.

    “Following the mistakes, the aspirant has lost all the qualifications to run as a legislative post aspirant for his party in the constituency,” she said.

    On Chadema’s contestant, she said his candidacy was dislodged after his referees lacked qualifications.

    Ms Msika said some of Mr Salvatory’s referees have their voter cards not registered in the Permanent Voter Register and for that reason they lose qualifications to endorse a legislative seat contestant.

    In Singida, Mr Dewji found himself a sole candidate after an objection against his candidacy placed by two other opposition members, was thrown out.

    In the objection, Mr Omari Sombi of AFP and Josephat Hadu of Chadema asked the returning officer in the constituency, Mr Yona Maki to disqualify Mr Dewji due to acting irregularly and against election regulations.


    Source: The Citizen


    My take: Niko tayari ku-commit hara-kiri iwapo NEC hii itaweza kumuondoa mtu kama Masha hata iwapo rufaa ya wagombea wa upinzani itaonekana ina mantiki. Kwanza kabisa huyo mgombea upinzani alisha tupwa nje baada ya rufaa ya Masha dhidi yake kukubaliwa. Mtu ambaye siyo mgombea hawezi kuweka pingamizi au kukata rufaa, labda kwanza awe reinstated katika ugombea.
     
  2. Zak Malang

    Zak Malang JF-Expert Member

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    Naona Kiravu anjisemea tu kuonekana timu yake iko fair.

    Halafu napenda kufahamishwa. Hivi kuna time limit ya kuwasilisha rufaa kwa NEC? halafu jee, mtu asiyeridhishwa na maamuzi ya NEC kuhusu rufaa, anaweza kwenda mahakamank? Kwa mfano, anaweza kuomba injuction kwamba mgombea husika asimamishwe kugombea hadi suala la msingi liamuliwe. Iko hiyo mitigation?

    Kitu kinachowasaidia sana CCM katika masuala haya ni time factor, maana NEC imeminya sana time ya kusikiliza rufaa, kitu ambacho wapinzani, kwa ukosefu wa fedha, nyenzo etc wanaathirika.
     
  3. S

    S.M.P2503 JF-Expert Member

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    Aug 24, 2010
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    Inavyoonesha ni kwamba hawa returning officers wengi wao ni vihiyo wa kutupwa... Iweje mtu anayewekewa pingamizi aambiwe approve madai ya aliyetoa pingamizi hilo? Ni Kama vile prosecutor akushitaki na kusema leta ushahidi kama wewe si mtenda kosa... hii ni abuse of process and rules of natural justice...

    Pia sidhani kama kuna level playing field kwa sababu hawa returning officers wao sio mahakama au waziri wa mambo ya nje wenye uwezo wa kumvua mtu uraia wake... kama mtu akisema furanin si raia inafaa anende mahakamani ku-prove au labda waziri wa mambo ua nje ana ushahidi mwingine utakaowezesha mtu kuwaambiwa yeye si mtanzania...labda kama mtu huyo alizaliwa kabla ya uhuru wakati nchi yetu ikiwa bado inaitwa Tanganyika...

    Habari hiyo hapo juu inaitisha mabadiriko ya katiba yatakayozungumzia pia sula la uraia...
     
  4. Zak Malang

    Zak Malang JF-Expert Member

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    Halafu nilisikia kuwa kuna baadhi ya wagombea wa upinzani walioenguliwa kwa sababu katika fomu zao walizorudisha kwa ma-returning officers kuna saini za wadhamini ziligundulika ni feki. Nauliza: Hivi katika kila ofisi ya returning officer kuna kitengo cha Identification Bureau, cha kuchunguza saini ya mtu kama ni ya kweli au feki? Tunaomba maelezo kutoka NEC, nadhani bila shaka baadhi ya watu wao wamo humu ndani.
     
  5. Gaijin

    Gaijin JF-Expert Member

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    Aug 24, 2010
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    hara-kiri eeeh...
     
  6. Nyambala

    Nyambala JF-Expert Member

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    Aug 24, 2010
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    aaah! yaani TZ we acha tu, itatuchukua miaka 100 au zaidi kucome out of ths shyt!, can't imagine haya mambo yanafanyika 2010 tena mchana kweupeeeeeeeeeee!!!!!!!!!
     
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