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Powers by the registrar of political parties to cancel the Political Party Registration

Discussion in 'Jukwaa la Siasa' started by TIBANYENDERA, Mar 5, 2011.

  1. T

    TIBANYENDERA Member

    #1
    Mar 5, 2011
    Joined: Feb 16, 2011
    Messages: 20
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    We strongly need to question after revisiting the powers by registrar of political parties to cancel registration of the same political parties. This is far as yesterday political sentiments altered by Hon Tendwa of his issuance of notice to cancel CHADEMA registration basing on the allegation by CCM party with its Chairman, Mr. President of Tanzania. It should be understood that when it comes the question of determining the rights of any organ or person justice always require that one who alleges must prove his/her case, and if it is criminal allegations that proof must be beyond reasonable doubt [ondoleo la shaka].

    THEREFOPRE, THIS proof cannot be done in other way than adducing evidences on to support your case. Evidences adduced will be countered by the other party so that this gives chance to Court or any determining administrative authority to consider both sides before decisions. for this instance Mr Tendwa must not act politically and be driven by political sentiments geared by CCM party.

    Having provided these preliminaries, it is therefore important to make reference and justification of the legal existence of Registrar of political party. Here i refer to you SECTION 4 OF THE POLITICAL PARTY ACT, CAP 258 [R.E 2002] WHICH reads as follows ;


    4. ---

    (1) There shall be a Registrar of Political Parties in the office of the Prime Minister or in such other office as the President may determine who shall be appointed by the President. [emphasis is mine]
    (2) There shall be a Deputy Registrar who shall be appointed by the President.
    (3) The Registrar shall be responsible for the registration of political parties in accordance with the provisions of this Act and shall perform any other function conferred by this Act.
    (4) In the performance of his functions under this Act the Registrar shall from time to time consult the Minister
    But let also have a look of Section 11 Which provides for political functions of registered party; it states as follows; .
    (1) Every party which has been provisionally or fully registered shall be entitled
    a)to hold and address public meetings in any area in the United Republic after giving notification to the police officer in-charge of the area concerned for purposes of publicizing itself and soliciting for membership;
    b) to the protection and assistance of the security agencies for the purposes of facilitating peaceful and orderly meetings:
    provided that provisional registration shall not entitle any party to put up a candidate or to campaign for any candidates in any parliamentary or presidential election or in a local authority election.
    (2) Notwithstanding any other written law to the contrary sections 43, 44, 45 and 46 of the Police Force and Auxiliary Services Act shall apply and have effect as to all meetings to be held on any part of the United Republic by any political party whether provisionally or fully registered.
    (3) Every party which has been fully registered shall be entitled to put up candidates and to campaign for any candidates in any parliamentary or presidential election or in a local government authority election.
    (4) When a political party is desirous of holding a meeting or procession in any open public place in any area it shall, not less than forty eight hours before the meeting, submit a written notification of its impending to the police officer in charge of the area in which the meeting is to take place is situated.
    (5) The written notification referred to in subsection (4) shall specify-
    a) the name of the political party submitting the notification;
    b) the place in and time at which the meeting is to take place;
    c) the agenda or purpose in general of the meeting;
    d) such other particulars as the Minister may from time to time by notice published in the Gazette specify.
    (6) Where a political party submits a notification in accordance with subsection (4) it may proceed to hold the meeting in question as schedule unless and until it receives an order from the police officer in charge of the area directing that the meeting be not held as notified.
    (7) A police officer to whom a notification is submitted pursuant to subsection (4) shall not give a stop order under subsection (6) in relation to the notification unless he is satisfied that –
    a) a previous notification has been submitted by another political party or other persons for holding a meeting or other function or procession in the same place at the same time as is intended by the notifier;
    b) the meeting or procession is intended to execute, or to be used for, an unlawful purpose; the meeting is likely or intended to cause a breach of the peace or to prejudice the public safety in the area;
    c) the political party or group of persons giving the notification is not a registered political party or body of persons or the persons submitting the notification is not appropriately identified as an authorised representative of the political party concerned.
    (8) A stop order given under subsection (6) shall be in writing and in such form as is able to easily disclose the reasons for its issuance and state whether or not the political party concerned may hold the meeting at the venue at another time or date convenient to it in the same area.

    THEREFORE LETS TAKE A BREAK, ANSWER THIS QUESTION; IS/ARE THERE ANY MEETING(S) WHICH WERE STOPED AS A REQUIREMENT UNDER SUSECTION 8 OF SECTION 11 ABOVE? IF YES THEN IT WOULD CONSTITUTE MEETINGS VIOLATION OF SUBSECTION 7 PARAGRAPH B OF SECTION 11. THIS WOULD ENTITLE THE POLICE IN CHARGE TO DECLARE AND REPORT OF CRIMINAL CATS CARRIED OUT BY CHADEMA.

    let us revisit now, section 19-(1) Subject to subsection (2) the Registrar may cancel the registration of any political party which has contravened any of the provisions of this Act or which has otherwise ceases to qualify for registration under this Act.

    (2) The Registrar shall not cancel the registration of any party unless-
    a) he has, in writing, informed the party concerned of the contravention or the
    loss of qualification and of the intention to cancel the registration;​
    b) he has received or failed to receive, within the period.
    Prescribed by him, any representations from the party concerned;
    (c) he has submitted to the Minister the intention to cancel the registration of the party together with any representations made by the party and the Minister has agreed to such cancellation.
    20--(1) The decision of the Registrar on the registration of the cancellation of the
    registration of any party shall be final and shall not be the subject of appeal in any court.
    (2) Nothing in subsection (1) shall be construed to preclude judicial review of the decision of the Registrar.

    Having read all submissions it would come automatically to answer these issues ​

    1. whether the registrar of political party being a president appointee, can act independently in discharge of legal matters as confered by this law​
    2. whether there is a distinction between CCM, Chairperson of CCM from the Registrar of political party​
    3. whether the registrar can be happy seeing a political party gaining sporadic confidence of the people whereas his employer with his party are getting down​
    4. whether CCM party has a locus stand to inform the registrar to warn CHADEMA FROM CARRYING ITS LEGAL AND POLITICAL ACTIVITIES as envisaged under the law​
    5. Whether CHADEMA has violated political party Act​
    6. if the constitution declares that Tanzania is multiparty country can the registrar barn all political parties so that Tanzania remain with one political party ​
    7. whether power of cancellation violates to the great extent the constitution of URT of Tanzania ​
    8. what is the legal remedy available to CHADEMA​
    (please have a critical and legal approach on the above)​
     
  2. Lokissa

    Lokissa JF-Expert Member

    #2
    Mar 5, 2011
    Joined: Nov 20, 2010
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    andika kwa ufupi ndugu,unaeleza mamlaka ya msajili wa vyama kufuta chama cha siasa.Kwa kauli ya jana sidhani kama ana hayo mamlaka kwani yeye sio mahakama kuthibitsha madai ya kauli za chadema.Fafanua kama mahakama ikiamua chadema walifanya kosa la jinai ktk mikutano yao je msajili atakuwa na haki au mamlaka ya kufuta hicho chama? Kama ndio tujuze sasa ww umequote masheria na malelezo kibao si kila mtu ataelewa au kuwa na muda wa kusoma yote hayo nadhani ulikuwa mtoto wa prof Fimbo au Mvungi.Kindly give us a clear and self explanatory remarks with regard to the powers vested to Tendwa kufuta chama.hana ubavu huo aliotishia jana anadhani bado tu wadanganyika.
     
  3. B

    Byendangwero JF-Expert Member

    #3
    Mar 5, 2011
    Joined: Oct 24, 2010
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    Vifungu vya sheria vilivyonukuliwa vinaonyesha wazi kwamba madaraka aliyopewa msajiri wa vyama vya siasa ya kufuta vyama yamewekewa mipaka; kwani anaweza kufuta chama kile kilichopoteza sifa za kuwa chama cha siasa. Kwa maoni yangu sifa hizo ambazo anatakiwa hazingatie wakati wa kutumia madaraka hayo ni zile tu zinazotakiwa kutimizwa kabla ya kukisajiri chama cha siasa, na wala si vinginevyo.
     
  4. b

    bagamoyo JF-Expert Member

    #4
    Mar 5, 2011
    Joined: Jan 14, 2010
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    Tibanyendera,
    Una hoja nzuri ila Kiinglishi chako kinafanya kabla sijachangia hoja nikupe changamoto ujiunge na darasa maalum ili uweze kujielezea kwa 'plain english' vizuri au la, jenga hoja kwa Kiswahili, mbali ya kushindwa kuunda sentensi sahihi pia 'unajitungia maneno' yasiyo sahihi (ktk wino uliokoza) nanukuu:

    Powers by the rigistrar of political parties to cancell political party registration
    We strongly need to question after revisting the powers by registrar of political parties to cancell registration of the same political parties.This is far as yesterday political sentiments altered by Hon Tendwa of his issuance of notice to cancell CHADEMA registration basing on the allegation by CCM party with its Chairman,Mr. president of Tanzania. It should be understood that when it comes the question of determining the rights of any organ or person justice always require that one who alleges must proove his/her case, and if it is criminal allegations that proof must be beyond reasonable dought[ondoleo la shaka]. THEREFOPRE, THIS proof can not be done in other way than adducing evidences on to support your case. Evidences adduced will be countered by the other party so that this gives chance to Court or any determining administrative authority to consider both sides before decisions. for this instance Mr Tendwa must not act politically and be driven by political sentiments geered by CCM party.
    (please have a critical and legal approach on the above)'' Mwisho wa nukuu.

    Nitarudi baadaye kuchangia jinsi isivyo sawa Tendwa kuburuzwa na CCM.
     
  5. anti-fisadi

    anti-fisadi JF-Expert Member

    #5
    Mar 6, 2011
    Joined: Nov 20, 2010
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    Tutakusubiri urudi mzee,maana hoja ya lugha sio hoja kwani mtoa hoja amefaulu kwa karibia asilimia 95 na ameeleweka. Wote tunajua mazara ya shule za karo,msitukumbushe zaidi uozo wa ccm..tujaribu ku-focus topic husika
     
  6. Nyakageni

    Nyakageni JF-Expert Member

    #6
    Mar 6, 2011
    Joined: Feb 1, 2011
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    Thats very clear. Tendwa anataka kuingia The Hague na ongea yake ya kisharobaro. Ole wake
     
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