Chadema raise 6 grounds of objection to Zitto suit

Members of Chama cha Demokrasia na Maendelo (Chadema) have raised six grounds of objection seeking a dismissal of the suit lodged by its former Deputy Secretary General, Zitto Kabwe to challenge the deliberation of his membership by the party’s Central Committee (CC).

Through the party’s advocates, Tundu Lisu and Peter Kibatala, the registered trustees of the opposition party and its Secretary General, the defendants in the suit in question have also lodged their written statements of defence disputing some of the facts alleged by Zitto in the plaint.

The suit is before Judge John Utamwa and has been set for mention on February 13, this year.

In his main suit, Zitto is asking the court to restrain Chadema Central Committee and any other subordinate party organs from deliberating, discussing and or determining his membership until his appeal has been determined by the party's governing council.

He also requests the court to order Chadema Secretary General to furnish him with a copy of the proceedings of the Central Committee in relation to his case so that he can lodge his appeal to the party's governing council.

But in their objection the defendants claimed that the suit is incompetent in law and it has been instituted in the lowest court with jurisdiction to hear and determine an item of the civil procedure code.

It claimed that the suit is incompetent in law and that it has been filed in the Dar es Salaam main registry rather than the district contrary to the relevant provision of High Court rules 2009.

“The suit is incompetent in law that the plaintiff (Zitto) has not applied to the High Court for its opinion on the question of his membership in Chadema contrary to the provision of section 26 of the Trustees Incorporation Act,” claimed the defendants.

They alleged that the suit was tantamount to abuse of the court process in that Zitto is pursuing a parallel appeal against the decision to him under the Chadema statutes and that the court also does not have the jurisdiction to grant the prayers set forth in item three of the prayers section as to do so would amount to an interference with the prerogatives of political parties to discipline their members.

On January 7, this year the High Court ordered Chadema CC not to discuss, deliberate or determine the membership of the former Deputy Secretary General, Zitto Kabwe until it hears and rules on the main suit.

Judge Utamwa ruled that the affidavit submitted by the respondent’s side sworn by Advocate Peter Kibatala on behalf of his clients, Dr Wilbrod Slaa and the Board of Trustees was illegal.

Judge Utamwa said the grounds filed by Zitto that Chadema CC should be restrained from deliberating or determining his membership until his appeal has been determined could not be objected to.

According to Zitto’s affidavit, if Chadema CC discusses and withdraws his party membership he will automatically lose his leadership position.

‘Zitto has the right to be heard and given a fair trial … thus if he will not be heard the trial will not be fair,” said the Judge. 

SOURCE: THE GUARDIAN