Politics: High Court unseats Igunga MP

DAILY NEWS Reporter in Tabora

THE High Court in Tabora has nullified the October, last year’s by-election results in Igunga constituency in which the ruling CCM candidate, Dr Dalaly Kafumu was declared a winner.

Announcing the verdict the presiding Judge, Mary Shangali, noted that the court was convinced with evidence brought forth by the plaintiff showing that the by-election was mired by corruption, mudslinging and threats.

Judge Shangali thus held that the constituency’s seat be vacant after she was convinced by seven out of 17 issues brought forth by applicant - the then Chama cha Demokrasia na Maendeleo (CHADEMA) candidate, Mr Joseph Kashindye.

Dr Kafumu won by garning 26,488 votes, followed by Mr Kashindye who got 23,260 in the polls characterized by poor voters’ turnout where only 53,672 out of 171,077 who were registered cast their votes.

In the petition application, Mr Kashindye was defended by Prof Abdallah Safari whereby Dr Kafumu was represented by two State Attorneys, Mohamed Malik and Gabriel Malata and two other private lawyers Anthony Kanyama and Kamaliza Kayaga.

Reading the four-hour verdict, Judge Shangali said the court was satisfied with evidences adduced by the plaintiff which proved that the by-election was neither free nor fair. She named some of the shortcomings at the by-elections which led to the nullification of the results as, among other things, a promise by the Minister for Works, Dr John Pombe Magufuli, over the construction of Mbutu Bridge.

Dr Magufuli threatened that if CCM did not emerge a winner, the bridge which used to break down especially during rainy seasons, would not be constructed, according to the judge’s ruling. She also noted that the minister threatened that Igunga electorate risked being sent to jail if they elected another candidate out of the ruling CCM, the move which might have intimidated voters.

Judge Shangali noted further that a move by the Tabora Urban Legislator, Mr Aden Rage, to issue a false statement that the Chadema candidate had withdrew from the race might have influenced voters negatively.

She stated that the same legislator created fear and panic among voters when he publicly displayed his pistol on stage in one of the campaign rallies ahead of the by-election. The Court was also discontented with the move by the Igunga Mosque Sheikh,  Swaleh Mohamed,  who announced in the mosque that Muslims should not vote for Chadema on allegations that party leaders had 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 importing commandos from abroad in a mission to disrupt the by-election had threatened voters.

Judge Shangali further pointed out that the move by the government to distribute maize as a food aid during campaign time to people at a time when hunger was not severe as no one in Igunga was reported to have lost life was an act of luring voters to vote for the CCM candidate.

She countered the application by the defendant’s side that the court should have ordered the plaintiff to channel his claims through the National Electoral Commission (NEC) instead of going to court as weak, baseless and that the claimant had the right to go to High Court. She, thus, ordered NEC to follow required procedures in holding another by-election as the constituency is now vacant.

She also ordered the defendant to pay all the costs of running the case.  Hundreds of Chadema supporters who turned out to listen to the verdict broke out in jubilation as their CCM counterparts stood in disbelief. The case was taken to Court in March 26, 2012 six months after the October 2, 2011, by-election following resignation by Mr Rostam Aziz who held the seat for 14 years. 

Source: Daily News (22/08/2012): http://dailynews.co.tz/index.php/local-news/8795-high-court-unseats-igunga-mp