Zak Malang
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- Dec 30, 2008
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CHADEMA REACTION: Tendwa missed these 4 points
By Frank Kimboy,
THE CITIZEN
Chadema yesterday accused the Registrar of Political Parties of being unfair in his handling of the opposition partys petition against CCM presidential candidate Jakaya Kikwete.
Speaking a day after Mr John Tendwa threw out the petition seeking President Kikwetes disqualification from the October 31 General Election, Chadema adviser Mabere Marando cited at least four issues which the party felt the Registrar had not addressed to its satisfaction.
He said Mr Tendwa was supposed to give Chadema the right of reply after CCM had tabled its defence.
Since the office of the registrar acts as a quasi-judicial authority, he was supposed to provide us with CCMs defence so that we could go through it and see if there was a need to file a reply he didnt do this, Mr Marando, a renowned lawyer, said.
He accused Mr Tendwa of favouring CCM in his verdict by deliberately misinterpreting electoral laws and the ruling partys manifesto.
Mr Marando added that the Registrar made his own interpretations of some sections of the law on which Chadema based its petition.
He said Mr Tendwa erred in law by ruling that President Kikwetes promise to buy to ships that would operate on lakes Victoria and Nyasa was in order because the pledge was contained in CCMs manifesto.
Section 21 (1) (a) and (e) of the Election Expenses Act stated that a candidate was not allowed to promise something in order to convince people to vote for him or her, he said.
Mr Marando added that Mr Tendwa had wrongly argued that a promise must be made secretly for it to be deemed illegal.
Mr Tendwa said his office dismissed the petition because the promises were made in the public and were contained in CCMs 2010-2015 election manifesto.
But Mr Marando said CCM promised in Section 67 (f) of its manifesto to improve transportation by strengthening the Kigoma, Mbamba Bay, Mwanza, Bukoba and Nansio ports.
He questioned the legality of the Registrars dismissal of Chademas complaint about President Kikwetes promise to buy a ship that would operate on Lake Nyasa, saying the lake was not among the priorities in CCMs manifesto.
Chadema is also up in arms over the dismissal by the Registrar of its complaint about President Kikwetes promise to settle the Nyanza Cooperative Unions Sh5 billion debt.
Mr Tendwa argued that there was nothing wrong with Mr Kikwetes pledge since it was contained in Section 140 (a) of CCMs manifesto.
CCM promises in the section to see to it that the government ensures that cooperative union regulations and other relevant matters are given priority.
But Mr Marando maintained yesterday that promising to relieve the NCU of its debt burden amounted to bribing voters, saying such a gesture was supposed to be extended to loss-making cooperative unions all over the country.
Mr Tendwa based his decision on the section stating, various projects that are vital to the development of cooperative unions will be given special priority, but this does not say that only some unions like NCU will be given preference...we are certain Mr Tendwa deliberately misinterpreted the section, he said.
Mr Tendwa also threw out the claim that President Kikwete unlawfully increased the minimum salary for public servants from Sh135,000 to Sh235,000 in a bid to attract workers votes. He said the complainant did not provide evidence to support the claim.
The Registrar also accused Chadema of refusing to cooperate when his office was handling the matter, saying he was forced to deliver his verdict after referring to CCMs manifesto only following the opposition partys refusal to give him theirs.
Chadema campaign manager Mwesiga Baregu said the party would not pursue the matter further, adding that they were leaving it to the people to decide.
He said the party had decided against appealing to the High Court for a review of the Registrars decision, and would instead concentrate on campaigns because they believed the people were the final judges.
Our lawyers have advised us against appealing because the review process might drag on until the end of campaigns, Prof Baregu said.
He added that Chadema had also decided against lodging an election petition at the High Court because the party believed its candidate, Dr Willibrod Slaa, would beat the CCM candidate.
Source: The Citizen
By Frank Kimboy,
THE CITIZEN
Chadema yesterday accused the Registrar of Political Parties of being unfair in his handling of the opposition partys petition against CCM presidential candidate Jakaya Kikwete.
Speaking a day after Mr John Tendwa threw out the petition seeking President Kikwetes disqualification from the October 31 General Election, Chadema adviser Mabere Marando cited at least four issues which the party felt the Registrar had not addressed to its satisfaction.
He said Mr Tendwa was supposed to give Chadema the right of reply after CCM had tabled its defence.
Since the office of the registrar acts as a quasi-judicial authority, he was supposed to provide us with CCMs defence so that we could go through it and see if there was a need to file a reply he didnt do this, Mr Marando, a renowned lawyer, said.
He accused Mr Tendwa of favouring CCM in his verdict by deliberately misinterpreting electoral laws and the ruling partys manifesto.
Mr Marando added that the Registrar made his own interpretations of some sections of the law on which Chadema based its petition.
He said Mr Tendwa erred in law by ruling that President Kikwetes promise to buy to ships that would operate on lakes Victoria and Nyasa was in order because the pledge was contained in CCMs manifesto.
Section 21 (1) (a) and (e) of the Election Expenses Act stated that a candidate was not allowed to promise something in order to convince people to vote for him or her, he said.
Mr Marando added that Mr Tendwa had wrongly argued that a promise must be made secretly for it to be deemed illegal.
Mr Tendwa said his office dismissed the petition because the promises were made in the public and were contained in CCMs 2010-2015 election manifesto.
But Mr Marando said CCM promised in Section 67 (f) of its manifesto to improve transportation by strengthening the Kigoma, Mbamba Bay, Mwanza, Bukoba and Nansio ports.
He questioned the legality of the Registrars dismissal of Chademas complaint about President Kikwetes promise to buy a ship that would operate on Lake Nyasa, saying the lake was not among the priorities in CCMs manifesto.
Chadema is also up in arms over the dismissal by the Registrar of its complaint about President Kikwetes promise to settle the Nyanza Cooperative Unions Sh5 billion debt.
Mr Tendwa argued that there was nothing wrong with Mr Kikwetes pledge since it was contained in Section 140 (a) of CCMs manifesto.
CCM promises in the section to see to it that the government ensures that cooperative union regulations and other relevant matters are given priority.
But Mr Marando maintained yesterday that promising to relieve the NCU of its debt burden amounted to bribing voters, saying such a gesture was supposed to be extended to loss-making cooperative unions all over the country.
Mr Tendwa based his decision on the section stating, various projects that are vital to the development of cooperative unions will be given special priority, but this does not say that only some unions like NCU will be given preference...we are certain Mr Tendwa deliberately misinterpreted the section, he said.
Mr Tendwa also threw out the claim that President Kikwete unlawfully increased the minimum salary for public servants from Sh135,000 to Sh235,000 in a bid to attract workers votes. He said the complainant did not provide evidence to support the claim.
The Registrar also accused Chadema of refusing to cooperate when his office was handling the matter, saying he was forced to deliver his verdict after referring to CCMs manifesto only following the opposition partys refusal to give him theirs.
Chadema campaign manager Mwesiga Baregu said the party would not pursue the matter further, adding that they were leaving it to the people to decide.
He said the party had decided against appealing to the High Court for a review of the Registrars decision, and would instead concentrate on campaigns because they believed the people were the final judges.
Our lawyers have advised us against appealing because the review process might drag on until the end of campaigns, Prof Baregu said.
He added that Chadema had also decided against lodging an election petition at the High Court because the party believed its candidate, Dr Willibrod Slaa, would beat the CCM candidate.
Source: The Citizen
