Court Delivers a Judgment on Matter Concerning Elections of Tanzania Representatives to EALA

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Court Delivers a Judgment on Matter Concerning Elections of Tanzania Representatives to EALA

East African Court of Justice Arusha, 26th September 2014: The First Instance Division today delivered a judgment on a matter concerning the election of Tanzania representatives to the East African Legislative Assembly (EALA).

The case was filed by Anthony Calist Komu, a member of the political party Chama Cha Demokrasia na Maendeleo (CHADEMA) against the Attorney General of the United Republic of Tanzania. The Applicant who unsuccessfully contested for EALA membership was challenging the process of the said elections on grounds that it violated Article 50(1) of the EAC Treaty.

The Applicant prayed for declarations that, (a) the election for members of the East African Legislative Assembly conducted by the Parliament of Tanzania on 17/4/2012 was in flagrant violation of Articles 50 of the Treaty for the Establishment of the East African Community (b) a declaration that in obtaining the representatives from Opposition Political Parties and Tanzania Mainland Article 50 of the same Treaty envisages, inter alia, the observance and compliance of the principal of proportional representation (c) order prohibiting the Parliament of Tanzania from further violation of Article 50 of the Treaty by not complying with the principal of proportional representation and allowing candidates from political parties which are not represented in the national assembly.

The Court in delivering the judgment declared that to the extent that the election for members of the EALA conducted by the National Assembly of the United Republic of Tanzania on 17/4/2012 was premised on only political parties as the sole grouping as opposed to all other groups envisaged in Article 50(1) of the Treaty, then the National Assembly of the United Republic of Tanzania violated the said Article.

Secondly, the Court made a declaration that by allowing a political party without representation in the National Assembly (Tanzania Democratic Alliance -TADEA) to field a candidate in the election of 17/4/2012 for representatives to the EALA, then the National Assembly of Tanzania was in violation of Article 50(1) of the Treaty. Finally the Court ordered the Applicant be granted a quarter costs of the case for having partly succeeded in his case.

For Editors

Article 50 (1) of the Treaty provides that; The National Assembly of each Partner State shall elect, not from among its members, nine member s of the Assembly, who shall represent as much as it is feasible, the various political parties represented in the National Assembly, shades of opinion, gender and other special interest groups in that Partner State, in a accordance with such procedure a s the National Assembly of each Partner State may determine.

ENDS-
or more information please contact:
Ms. Geraldine Umugwaneza, Deputy Registrar
Email: umugwaneza@eachq.org


Mr. Owora Richard Othieno, Head of Department;
Corporate Communications and Public Affairs Department;
EAC Secretariat
Tel: +255 784 835021; Email: othieno@eachq.org


East African Court of Justice
Arusha, Tanzania
http://www.eacj.org

The future of Tanzania MPs in the East Africa Legislative Assembly (Eala) was thrown into uncertainty yesterday following a court decision that found that the procedure to elect them was flawed.

The East African Court of Justice (EACJ) declared in Arusha in a landmark decision that rules were openly broken in Parliament during the election of the nine MPs in the regional legislative assembly.

The EACJ decision wraps up a case filed by a senior member of the main opposition party, Chadema.

Mr Anthony Calist Komu challenged the omission of the party's MPs in 2012. Chadema, which has a superior number of legislators in the House in relation to other opposition parties, could not manage even a single slot in the regional assembly.

The EACJ yesterday agreed with the party's lawyers that the omission of the party's candidates in the contest was in flagrant violation of Article 50 of the Treaty for the Establishment of the East African Community (EAC).

The move now accords Chadema the evidence and momentum to push for the nullification of the election of the MPs in another case opened at the High Court in Dodoma seeking their nullification. The EACJ has no powers to throw out the MPs.

According to the court, Tanzania's Parliament not only failed to comply with the principle of proportional representation in picking the Eala lawmakers but also allowed candidates from political parties not represented in the National Assembly to contest the polls.

Mr Komu filed the case on June 15, 2012, having unsuccessfully sought election as a Tanzania representative in Eala in elections held on April 17, 2012.

The EAC Treaty requires the national assembly of each partner state to elect nine Eala members to represent "as much as it is feasible", the various political parties represented in the specific national assembly and other special interest groups.

According to Chadema, had the proper formula been applied, Candidate Komu--as the sole candidate offered by the party, would have been elected to the regional House.

Instead, he argued, skewed rules ensured that he was not elected, paving the way for candidates offered by "smaller" parties such as Civic United Front and NCCR-Mageuzi to get into the Eala.

The election of Tanzanian Eala lawmakers, he added, was in violation of Article 50 of the EAC Treaty when the Tanzania Democratic Alliance was allowed to field a candidate despite having no representation in the House.

According to Mr Komu, Chadema had 49 MPs in the National Assembly while the ruling CCM had 258 and CUF 36 members. He argued that their representation in the Eala ought to have been mathematically calculated at 14 per cent, 74 per cent and 10 per cent respectively.

In that order, Chadema and CUF would have each managed to squeeze one legislator into the regional House, with seven seats going to the ruling CCM. But this was not the case as the election saw an NCCR-Mageuzi candidate win. In a ruling that lasted nearly an hour, Principal EACJ Judge John Bosco Butasi said Chadema, being the official opposition political party and Mr Komu its sole nominee to Eala, were both entitled to automatic representation in that Assembly.

"The election rules must enable the establishment of an electoral process that ensures equal opportunity to become a candidate, full participation and competition for specified groupings and, at the end of the process, their effective representation in the Eala," he said.

Also in question was the fielding of Mr Lifa Chipaka whose party Tadea, has no representation in the National Assembly. The Attorney General wanted the matter dismissed on the grounds that the matters Mr Komu made were "lighthearted, insignificant and contrary to the Rules of Procedure of the court and also lacking merit"..

interest group as opposed to other opposition political parties, according to the AG.

"Our findings are clear and we reiterate that Article 50 of the EAC Treaty provides a right for representatives of the official opposition party in Parliament to an automatic chance of representation," the Judge said.

Source: The Citizen

http://www.thecitizen.co.tz/News/-/1840360/2466790/-/1wj504z/-/index.html

 

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Kwa kumbu kumbu zaidi :

Before the election process got underway, Deputy Minister for Works Dr Harrison Mwakyembe cautioned fellow MPs against electing candidates to the Assembly without testing the strength of each contestant.He said it had come to the attention of the public that most candidates elected by the Tanzania Parliament to the EALA performed dismally whenever the assembly was in session.


Dr Mwakyembe said it was sad to learn that elected Tanzanian candidates to EALA have been recording poor performance compared to their colleagues from the other EA partner states while knowing that Tanzania spends taxpayers' money contributing to the EAC activities. The election of members into EALA yesterday in Parliament was marred by rumours of bribes, forcing Dr Mwakyembe to tell his fellow MPs: "Madam Speaker, there are rumours clouding this election process. This practice degrades the status of this institution."


Article 50 of EAC Treaty provides that election of members into EALA from each Member State should be conducted based on representation of political parties in the respective country's Parliament, shades of opinion, interest groups and gender.
CCM which has 258 legislators in House (about 74 per cent) was awarded eight seats into EALA while all opposition parties were allocated two seats into the regional Parliament.

Women candidates who participated in the race were Angela Kizigha, Fancy Nkuhi, Dr Godbertha Sebastian Kinyondo, Janeth Mmari, Janeth Mbene, Maryam Ussi Yayha, Rose Daudi Mwalusamba (CUF), Sebtuu Mahammed Nassoro, Shy-Rose Bhanji and Sophia Rijaal Ali
Nominated CCM candidates from Zanzibar were Abdullah Ali Hassan Mwinyi, Dr Ahmada Hamad Khatib, Dr Haji Mwita Haji, Khamis Jabir Makame, Dr Said Gharib Bilal and Zuberi Ali Maulid.

Nominated opposition candidates in the race with their political parties in brackets were Anthony Calist Komu (CHADEMA), Dr Fortunatus Lwanyantika Masha (UDP), Juju Martin Danda (NCCR-MAGEUZI), Micah Elifuraha Mrindoko (TLP), Mwaiseje S. Polisya (NCCR-MAGEUZI), Nderakindo Perpetua Kessy (NCCR- MAGEUZI) and Twaha Issa Taslima (CUF).

Candidates in the men's category from Tanzania Mainland were Adam Omar Kimbisa, Bernard Musomi Murunya, Charles Makongoro Nyerere, Dr Edmund Bernard Mndolwa, Elibariki Immanuel Kingu, Dr Evans Mujuni Rweikiza, John Dunstan Lifa-Chipaka (TADEA), Mrisho Mashaka Gambo, Siraju Juma Kaboyonga and William John Malecela.


SOURCE: THE GUARDIAN