TANZANIA: Appeal Court reinstates Lema

BY AISIA RWEYEMAMU

The Court of Appeal yesterday reinstated Godbless Lema as legitmate Member of Parliament for Arusha Urban constituency bringing nearly two years of a fierce legal battle to conclusion.

Lema lost his position as a legislator following a High court judgment by Justice Gabriel Rwakibarila on April 5, 2012 that nullified his 2010 victory on the basis that Lema’s campaign rallies held between August 20 and October 30, 2010, used abusive language against his opponent, Batilda Burian which contravened election laws, rules and regulations.

Batlida was subsequently appointed Tanzania’s High Commissioner to Kenya.

Reading the judgment before the court, the Deputy Registrar for the court of Appeal, Elizabeth Mkwizu said that there was no evidence to show that the people who filed the petition against Lema were Arusha voters nor did they possess any voter identity cards.

“That evidence is enough to say that Lema is qualified to be Arusha urban MP because the evidence that the complainants are voters appears only in the annexure, therefore the court has ruled based on that single fact and leave out the other 17 grounds of appeal, submitted before the court by appellant’s legal team” noted the registrar.

The appellant’s (Lema’s) legal team was lead by counsels Method Kimomogoro assisted by Tundu Lissu.

According to the court, that is not enough because the evidence that showed that the complainants were bonafide Arusha voters should have been presented directly and not in the attachments presented before the court.

Deputy registrar Mkwizu who read the judgment for about 20 minutes concluded that due to mentioned reasons the complainants have no authority of challenging the election result and therefore declared Lema as the legitmate Arusha Urbun MP.

On the other hand, the court of appeal ordered the petitioners, Agnes Mollel, Happy Emmanuel and Mussa Mkanga to bear the costs incurred by Lema and the court itself in running the case.

Speaking at the court grounds soon after the judgment, the Chairman of Chama Cha Demokrasia na Maendeleo (CHADEMA), Freeman Mbowe noted that the judgment which was earlier made by the High Court in Arusha was masterminded by government forces with the purpose of undermining the democratic rights of Arusha people.

Mbowe also expressed concern over the misuse of public resources occasioned in running cases like the current one, which he claimed was planned by the government.

On his part, the respondent’s counsel, Alute Mughwai said the issue of votes which were used to provide judgment by the court weren’t the main issue before the court.

Mughwai explaining that the court judge was satisfied with that evidence.

However, a big number of CHADEMA followers who attended the proceedings started shouting inside the courtroom.

Outside the court, Lema was joined by happy supporters who started cerebrating the victory for about five minutes, then headed to CHADEMA headquarters at Kinondoni district.

The Appeal hearing which was filed by the Lema was under a panel of three Appeal Court judges Salum Massati, Nathalia Kimaro and Bernad Luanda Urban MP, Godbless Lema, whose 2010 election victory was nullified by the Arusha High Court.

The appellant’s advocate, Tundu Lissu submitted 18 grounds for appeal in which he claimed that the Judge who nullified Lema’s election victory ignored the common law.

In the 2010 election, Lema polled 56,561 votes, leaving Dr Burian a distant second with 37,460 votes. Dr Burian, a former Cabinet minister, is now Tanzania’s High Commissioner to Kenya.

The High Court on April 5, 2012 nullified election results for Parliamentary election for Arusha urban constituency, dislodging Member of Parliament, Godbless Lema (Chadema), after the court established that he indeed uttered defamatory statements, contrary to election rules.

Judge Gabriel Rwakibarila of the Sumbawanga High Court Zone, who was presiding over the case, said the petitioners had proved their case -- hence the nullification of the election results.

He said the court was satisfied with the evidence presented by the petitioners that at one of Lema’s campaign rallies held between August 20 and October 30, 2010, the respondent used abusive language against his opponent – which contravened election laws, rules and regulations.

He added that the court was also satisfied that Lema used gender-based discriminatory arguments against Dr Burian purposely to win the constituency election.

The judge quoted some of the statements Lema is claimed to have made as including: “At what time does a woman become a leader of Maasai elders?”

He said that claims and the evidence satisfied the court that Lema breached section 108 of National Election Act of 1985, which prohibits the conducting of campaigns on the basis of tribe, gender, religious or colour.

“In regard to the evidence presented before this court, I am satisfied that the election cannot be said to have been free and fair. This election is, therefore, nullified and leave to appeal is granted,” the High Court Judge declared.

SOURCE: THE GUARDIAN (22/12/2012): http://www.ippmedia.com/frontend/index.php?l=49303