"Fiat Justitia Ruat Caelum"

CCM to appeal against court's decision on Igunga MP


DAILY NEWS Reporter
CCM intends to appeal against the High Court judgement, in which it nullified last year's by-election results in Igunga constituency in which its candidate, Dr Dalaly Kafumu, won.

The CCM Ideology and Publicity Secretary, Mr Nape Nnauye, said on Wednesday that the party was aggrieved with the Tuesday's decision of the High Court in Tabora Zone.
"The party is not satisfied and we have decided to appeal against the High Court's decision," Mr Nnauye said in a statement issued in Dar es Salaam.

High Court Judge Mary Shangali in her judgement held that the court was convinced with evidence tendered by the petitioner which proved forbidden practices during the by-election such as threats, corruption and mudslinging.

Judge Shangali allowed seven out of 17 grounds of appeal submitted by Chadema's candidate, who lost in the by-election, Mr Joseph Kashindye.

Dr Kafumu got 26,488 votes, followed by Mr Kashindye with 23,260 votes in the polls characterized by low voters' turnout.
Judge Shangali listed among the reasons for nullification of the results as the promise by the Minister for Works, Dr John Pombe Magufuli, to construct Mbutu Bridge.
Dr Magufuli threatened that if CCM did not emerge the winner, the bridge which used to break-down during rain seasons, would not be built.

She also noted that the minister intimidated the electorate by threatening them when he said they risked being sent to jail if they did not elect the CCM candidate.

Judge Shangali further said the Tabora Urban MP, Mr Aden Rage, gave a false statement to the people that the Chadema candidate had withdrawn from the race.

She said the statement might have influenced voters negatively. The same legislator caused fear and panic when he attended public rallies ahead of the by-election brandishing a pistol.

The judge expressed concern over the Igunga Mosque Sheikh, Swaleh Mohamed,  who announced that Muslims should not vote for Chadema on allegations its leaders humiliated the then Igunga District Commissioner, Ms Fatma Kimario.

She also pointed out utterances made by CCM Secretary General, Mr Wilson Mukama, accusing Chadema of bringing into the country commandos from abroad.

Judge Shangali noted that the move by the government to distribute maize as food aid during campaigning, when hunger was not severe  in Igunga was an act of luring people to vote for the CCM candidate.

Source: Daily News (23/08/2012):
http://www.dailynews.co.tz/index.php/local-news/8822-ccm-to-appeal-against-court-s-decision-on-igunga-mp

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