Kesi dhidi ya Spika Job Ndugai na Cecil Mwambe kutajwa kesho. Ni ile ya kuomba tafsiri ya Mahakama baada ya Mwambe kurudishwa Bungeni

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Kesi iliyofunguliwa na shirika la Civic and Legal Aid Organization (CILAO) kuomba tafsiri ya Mahakama Kuu kufuatia kitendo cha Spika wa Bunge la Jamhuri ya Muungano wa Tanzania kumrejesha Bungeni Ndg. Cecil Mwambe itatajwa kesho tarehe 03 Juni 2020 sa 03:00 asubuhi mbele ya Jaji Maige, Jaji Magoiga na Jaji Kulita, Mahakama Kuu ya Tanzania Dar es Salaam.

Kesi hiyo namba 12 ya mwaka 2020 mwanzo ilifunguliwa katika Mahakama Kuu ya Tanzania Masijala ya Arusha mnamo tarehe 19 Mei 2020. Mnamo Mei 28, 2020 kesi hiyo ilihamishiwa Mahakama Kuu ya Tanzania, Masijala ya Dar es Salaam. Katika kesi hiyo washitakiwa ni Spika wa Bunge la Jamhuri ya Muungano wa Tanzania Mhe. Job Yustino Ndugai, Mwanasheria Mkuu wa Serikali na aliyekuwa Mbunge wa Jimbo la Ndanda Ndg. Cecil Mwambe kufuatia kitendo cha Spika kumruhusu Cecil Mwambe kuendelea kuhudhuria vikao vya bunge.

Shirika la CILAO lilifungua kesi hiyo kuiomba Mahakama Kuu kutoa tafsiri kuhusu kitendo cha Spika kumrejesha bungeni aliyekuwa Mbunge wa jimbo la Ndanda Ndg. Cecil Mwambe wakati alishajihuzuru nafasi yake ya ubunge na uanachama wa Chadema na kuhamia Chama Cha Mapinduzi (CCM).

Shirika la CILAO kabla ya kufungua kesi hiyo, lilikusanya maoni ya watanzania waliofikia 3,000 wote walipinga kitendo cha Spika kumrejesha bungeni Ndg. Cecil Mwambe. CILAO ilifungua kesi hiyo kwaniaba ya watanzania na watu wote wanaopenda utawala wa Sheria katika nchi yetu.

SABABU ZA KUFUNGUA KESI HIYO NI ZIFUATAZO

1. Kwamba Ibara ya 26(1) ya Katiba ya Jamhuri ya Muungano wa Tanzania 1977, inatoa wajibu wa kila raia kuitii Katiba pamoja na Sheria za Jamhuri ya Muungano. Spika wa Bunge, Mwanasheria Mkuu wa Serikali pamoja na aliyekuwa Mbunge wa jimbo la Ndanda Bw Cecil Mwambe wanawajibu pia wa kuitii Katiba ikiwemo Ibara ya 71(1)(f) ya Katiba pamoja na kifungu namba 6C(2) na 6C(3) cha Sheria ya Vyama vya Siasa [Sura ya 288 Toleo la Mwaka 2002].

2. Kwamba kwa mujibu wa Ibara ya 71(1)(f) ya Katiba na kifungu namba 6C(2) na 6C(3) cha Sheria ya Vyama vya Siasa [Sura ya 288 Toleo la Mwaka 2002], Mbunge atakoma kuwa mbunge endapo atajihuzuru nafasi yake ya ubunge na kuhamia chama kingine kama ambavyo Bw Cecil Mwambe alijihuzuru.

3. Kwamba kwa uzoefu wa uendeshaji wa kibunge na kama ambavyo ilishawahi kutolewa ufafanuzi na Spika kwenye kesi ya Abdalah Mtulia, Mwita Mwikabe, Dr. Godwin Mollel, Katani Ahmad Katani na wengine wengi, yanadhihirisha wazi kwamba Mbunge akitangaza kujihuzuru ubunge na kuhamia chama kingine, Mbunge huyo anakoma kuwa mbunge.

4. Kwamba Spika alishathibitisha kujihuzuru kwa Mbunge Mwambe na alitoa maagizo ya kusitishwa mshara wa Mwambe baada ya Februari 15, 2020.

CILAO inaamini Mahakama Kuu itatenda haki katika kutoa tafsiri sahihi ya Katiba na Sheria ya Vyama vya Siasa.

Shirika la CILAO linawashukuru watanzania wote waliotoa maoni yao kuhusu kupinga kitendo cha Spika kumrejesha bungeni Ndg. Cecil Mwambe. Tunawashukuru watanzania wote waliotoa maoni na tunaamini Mahakama Kuu itawatendea haki wananchi katika kesi hii muhimu katika kuhakikisha utawala wa Sheria unazingatiwa.

Imetolewa na
CIVIC AND LEGAL AID ORGANIZATION (CILAO)
Juni 02, 2020
Dar es Salaam, Tanzania.
 
For English Audience
THE CASE AGAINST SPEAKER JOB NDUGAI AND CECIL MWAMBE TO BE MENTIONED TOMORROW

The case filed by Civic and Legal Aid Organization (CILAO) [Misc Civil Cause No 12 of 2020] seeking for judicial interpretation against the decision of the Speaker to welcome back in the Parliament Mr. Cecil Mwambe to continue with parliamentary sessions will be mentioned tomorrow 3rd June 2020 at 09:00 AM before Hon Maige, Magoiga and Kulita JJJ at the High Court of Tanzania Dar es Salaam Main Registry.

The case was initially filed on 19th May 2020 at the High Court of Tanzania, Arusha District Registry. On 28th May 2020, it was shifted to Dar es Salaam. The case seeks for judicial interpretation of Article 71 (1)(f) of the Constitution of the United Republic of Tanzania, 1977, against the decision of the Speaker to welcome back in the Parliament Mr. Cecil Mwambe to continue with parliamentary sessions despite the fact that Mr. Mwambe crossed over from his former political party.

In that case, CILAO petitioned against the Speaker of the Parliament of the United Republic of Tanzania, the Attorney General, and the former Member of Parliament for Ndanda Constituency Mr. Cecil Mwambe.
It should be noted that, on 15th February 2020, Mr. Cecil Mwambe crossed over his former Chadema political party to Chama Cha Mapinduzi hence immediately ceased to be the Member of Parliament in accordance to Article 71 (1)(f) of the Constitution.

Before institution of the case, CILAO prepared and circulated an online petition seeking for mass support. CILAO collected 3,000 votes from the people supporting the petition.

Therefore, CILAO has instituted the case on behalf of Tanzanians and all people who support good governance and rule of law.

THE GROUNDS FOR FILING THE CASE ARE;

1. That, Article 26(1) of the Constitution of the United Republic imposes a legal obligation to any citizen of Tanzania inclusive of the Speaker, the Attorney General and Mr. Cecil Mwambe to respect the Constitution and the laws of Tanzania lawfully enacted including respect for Article 71(1)(f) of the Constitution of the United Republic of Tanzania and Section 6C(2) and 6C(3) of the Political Parties Act, Cap 288 RE 2002 (as amended).

2. That, Article 71(1)(f) of the Constitution of the United Republic of Tanzania makes provisions that a Member of Parliament will be considered to have vacated his seat upon defecting the political party which nominated him/her to contest the seat and joining another political party as Cecil Mwambe did.

3. That, parliamentary practice as determined by previous speaker’s rulings for example, a determination of the Speaker in the cases of Mr. Abdalah Mtulia, Mr. Mwita Mwikabe, Dr. Godwin Mollel and Mr. Katani Ahmad Katani and several other to the effect that once a member of Parliament announces to the public that he has defected to another party, then that member of Parliament is deemed to have lawfully vacated that Parliamentary seat.

4. That, the Speaker acknowledged the resignation of Mr. Mwambe by instructing the stoppage of his salary such that the last salary drawn out to Mr. Mwambe as a Member of Parliament for Ndanda Constituency was up to 15.02.2020.

CONCLUSION

CILAO believes that, the High Court will adjudicate the case in favour of justice basing on Constitutional principles as well as the Political Parties Act.

CILAO appreciates the mass support from all people who signed the petition so as to challenge the Speaker’s action of welcoming back to the Parliament Mr. Cecil Mwambe to continue with Parliamentary sessions.

We believe that, the High Court will dispense justice to the people in this meritorious case for ensuring that rule of law and good governance in Tanzania are upheld.

ISSUED BY:-
CIVIC AND LEGAL AID ORGANIZATION (CILAO)
2nd JUNE, 2020
DAR ES SALAAM, TANZANIA.

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Ni aibu kubwa sana kwa Spika kuburuzwa Mahakamani kwa kuvunja katiba ya nchi kwa makusudi.
Hakuna Judge hawa wa leo wa ku handle kesi kama hii! Mtaniambia! Majaji walikuwa hawa siyo hii UPE

JUSTICE MWALUSANYA REST IN PEACE

ANOTHER BOLD SPIRIT IN LEGAL FRATERNITY NO LONGER WITH US

Bold spirits within the judiciary, such as Justice James Mwalusanya, Justice Mwesiumo, and the late Justice Lugakingira, will always be remembered for championing judicial activism in Tanzania, which is directly reflected in their precedents and judgments. During Tanzania’s single party era, the judiciary struggled to act independently. These Judges, and others, are largely responsible for the Development of human rights jurisprudence in Tananzania.Justice James Mwalusanya passed away on 1st August, 2010 at his home in Dodoma region.


Mwalusanya championed individual and collectives efforts in promotions and protection and defense of human rights in judicial proceedings. Justice Mwalusanya made outstanding and remarkable judicial precedents which have been used to champnion judicial activism in Tanzania. Mwalusanya can remembere by his bold decision in many cases which required human judicial activism to decide them without violating human rights. Justice Mwalusanya died while the country lacks judicial officers who believe and protect principles of human rights as provided by many international instrument ratified by the country

Justice Mwalusanya was also awarded by LHRC Maji Maji 1st human rights awards in 2005 in the recognition and appreciation of his immense and exemplary contribution in protection, promotion and defence of human rights during his carrier. During his life time and his tenure Justice Mwalusanya used boldly legal profession to pronounce decisions demonstrating an impressive and firm stand by judiciary in its role of dispensing justice without fear or intimidation. Its know that judiciary can seriously weaken its independence if there are attempts within its ranks to keep law and order by policing those members of the judiciary who are perceived to belong to the activist wing of the department. Normally, activism in judicial work affects the executive arm of the State and not the judiciary itself. Therefore, whoever attacks activism does so for and on behalf of the executive either knowingly or unknowingly.
BY ONESMO OLENGURUMWA
 

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Hakuna Judge wa ku handle kesi kama hiyo. Hawa wa leo hawawezi! RIP Judge Mwalusanya

Bold spirits within the judiciary, such as Justice James Mwalusanya, Justice Mwesiumo, and the late Justice Lugakingira, will always be remembered for championing judicial activism in Tanzania, which is directly reflected in their precedents and judgments. During Tanzania’s single party era, the judiciary struggled to act independently. These Judges, and others, are largely responsible for the Development of human rights jurisprudence in Tananzania.Justice James Mwalusanya passed away on 1st August, 2010 at his home in Dodoma region.


Mwalusanya championed individual and collectives efforts in promotions and protection and defense of human rights in judicial proceedings. Justice Mwalusanya made outstanding and remarkable judicial precedents which have been used to champnion judicial activism in Tanzania. Mwalusanya can remembere by his bold decision in many cases which required human judicial activism to decide them without violating human rights. Justice Mwalusanya died while the country lacks judicial officers who believe and protect principles of human rights as provided by many international instrument ratified by the country

Justice Mwalusanya was also awarded by LHRC Maji Maji 1st human rights awards in 2005 in the recognition and appreciation of his immense and exemplary contribution in protection, promotion and defence of human rights during his carrier. During his life time and his tenure Justice Mwalusanya used boldly legal profession to pronounce decisions demonstrating an impressive and firm stand by judiciary in its role of dispensing justice without fear or intimidation. Its know that judiciary can seriously weaken its independence if there are attempts within its ranks to keep law and order by policing those members of the judiciary who are perceived to belong to the activist wing of the department. Normally, activism in judicial work affects the executive arm of the State and not the judiciary itself. Therefore, whoever attacks activism does so for and on behalf of the executive either knowingly or unknowingly.
BY ONESMO OLENGURUMWA

Brief History of Judge Mwalusanya

Full Name:
James Lewis Mwalusanya

Date of Birth: 8th September,1943

Place of Birth: Kililila village in Mbeya Region’s Rungwe District

Education: Tosamaganga Secondary School, 1960
Cambridge School Certificate of Education Examination in 1962
Tabora School (A Levels) between 1963 - 1964
University of E. Africa, Dar es Salaam College (Bachelor of Laws - LL.B), 1965-1969


Other Training: Compulsory National Service training at Makutupora Camp in Dodoma in 1970
Pupilage with Rweyongeza and Co. Advocates of Dodoma in 1998


Career: Resident Magistrate Grade III in March, 1969
Puisne Judge of the High Court of Tanzania in September, 1984
Admitted as an Advocate of the High Court of Tanzania, in 1998


NB: He retired as a Judge of the High Court in 1997

Important Publication: Sheria ya Haki za Binadamu (1988); Upanuzi wa Demokrasia na Uimarishaji wa Haki za Binaadamu Katika Mfumo wa Demokrasia ya Vyama Vingi Tanzania: Matumizi ya Katiba na Sheria Zilizopo ili Kudumisha Utulivu, Amani and Mshikamano (1993); Utaratibu wa Sheria wa Kutatua Migogoro ya Kazi: Pale Mfanyakazi Anaapoachishwa Kazi, Kufukuzwa Kazi, Kupunguzwa Kazi, Kupewa Likizo Isiyo na Muda Maalum na bila Malipo au Kustaafishwa kwa Manufaa ya Umma (1993); and Usheria ya Mirathi: Maswali na Majibu Kuhusu Haki za Wajane (1993).

Death: August 1, 2010.

Family: A widow, Bumi, and five children (Mpokigwa Emmanuel, Anna Gulila, Paulina Nabwike, Enelesi Deodatha and Ernest).
 

kantasundwa

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Kwa mara ya kwanalza ktk historia ya bunge letu , tunapata mbunge wa kuteuliwa na spika...hii ni hatar
 

Erythrocyte

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Nov 6, 2012
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Hakuna Judge hawa wa leo wa ku handle kesi kama hii! Mtaniambia! Majaji walikuwa hawa siyo hii UPE

JUSTICE MWALUSANYA REST IN PEACE

ANOTHER BOLD SPIRIT IN LEGAL FRATERNITY NO LONGER WITH US

Bold spirits within the judiciary, such as Justice James Mwalusanya, Justice Mwesiumo, and the late Justice Lugakingira, will always be remembered for championing judicial activism in Tanzania, which is directly reflected in their precedents and judgments. During Tanzania’s single party era, the judiciary struggled to act independently. These Judges, and others, are largely responsible for the Development of human rights jurisprudence in Tananzania.Justice James Mwalusanya passed away on 1st August, 2010 at his home in Dodoma region.


Mwalusanya championed individual and collectives efforts in promotions and protection and defense of human rights in judicial proceedings. Justice Mwalusanya made outstanding and remarkable judicial precedents which have been used to champnion judicial activism in Tanzania. Mwalusanya can remembere by his bold decision in many cases which required human judicial activism to decide them without violating human rights. Justice Mwalusanya died while the country lacks judicial officers who believe and protect principles of human rights as provided by many international instrument ratified by the country

Justice Mwalusanya was also awarded by LHRC Maji Maji 1st human rights awards in 2005 in the recognition and appreciation of his immense and exemplary contribution in protection, promotion and defence of human rights during his carrier. During his life time and his tenure Justice Mwalusanya used boldly legal profession to pronounce decisions demonstrating an impressive and firm stand by judiciary in its role of dispensing justice without fear or intimidation. Its know that judiciary can seriously weaken its independence if there are attempts within its ranks to keep law and order by policing those members of the judiciary who are perceived to belong to the activist wing of the department. Normally, activism in judicial work affects the executive arm of the State and not the judiciary itself. Therefore, whoever attacks activism does so for and on behalf of the executive either knowingly or unknowingly.
BY ONESMO OLENGURUMWA
Hivi kwanini mahakama ya Tanzania imejidhalilisha kiasi hiki Aiseee !!
 

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Ni matumizi mabaya ya fedha na muda tu
Kwa hiyo tawi la chadema halitaki watu wa huko mtwara wawe na muakilishi au hawataki tu mwambe awe mbunge?
 

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