TABORA: Court reinstates Kafumu as Igunga MP

Written by FAUSTINE KAPAMA.

THE Court of Appeal in Dar es Salaam declared Mr Dalaly Peter Kafumu of CCM as the lawfully elected MP for Igunga, quashing the judgment of the High Court that had nullified the 2011 by-election results in the constituency.

Justices Nathalia Kimaro, William Mandia and Semistocles Kaijage ruled in favour of Dr Kafumu after allowing an appeal lodged to fault the decision dated August 21, 2012, given by Judge Mary Shangali of the High Court, Tabora Registry.

The justices set aside the High Court decision after holding, among others, that one Joseph Mwandu Kashindye, who contested the seat on Chadema ticket, had not paid the necessary fees for security of costs as the law requires.

Dr Kafumu, a former Commissioner for Minerals, had claimed that the trial judge erred in law and facts in proceeding with the hearing of the election petition, when Mr Kashindye had not provided the security for costs he had been ordered to present.

Other area on the High Court’s decision for which Dr Kafumu was aggrieved includes the finding on the pledge for construction of Mbutu Bridge by the trial judge, holding that the Works Minister, Dr John Magufuli, gave an election pledge as to its construction.

During the campaign, Dr Magufuli pledged that he would make sure that Mbutu Bridge, which has been in a dilapidated state for many years, would be repaired provided Igunga residents assured the ruling party that they would elect the CCM candidate.

The judge, the appellant had explained, erred in holding that making a statement on what was already contained in a party’s election manifesto during an election campaign was wrong and the trial judge was incorrect in deciding on matters which were not pleaded.

According to the appellant, the judge misdirected herself in law and in fact in drawing adverse inference against him when Dr Magufuli failed to appear in court to testify on his role in the election campaign and further erred in shifting the burden of proof to the appellant.

“The judge erred in law and in fact by engaging herself in conjecture while answering the question whether Aden Rage’s conduct influenced voters and militated against free and fair elections,” the appellant stated. In her judgment, Judge Shangali said remarks about Chadema candidate by Mr Ismail Aden Rage, the Tabora Urban MP, were deemed to be offensive.

The court accepted testimony that Kashindye did not get votes in some areas because Mr Rage circulated information that he had pulled out of the race. Dr Kafumu also stated that the trial judge erred in holding that he used religion to influence voters without making a finding as to whether the one who uttered the words complained of was the his agent and or acted with the consent and or his approval.

Judge Shangali had taken exception to a statement made by Imam Swaleh Mohamed of Igunga Masjid, appealing to Muslims not to vote for Mr Kashindye because some Chadema leaders had abused the Igunga District Commissioner, Ms Fatuma Kimario, who is a Muslim.

Read More: Daily News: http://www.dailynews.co.tz/index.php/local-news/17269-court-reinstates-kafumu-as-igunga-mp