Court orders Chadema to stop discussing Zitto's fate

The High Court Dar es Salaam Zone yesterday ordered Chama Cha Demokrasia na Maendeleo (Chadema) Central Committee 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.

In his main application, Zitto who is also Kigoma North MP is asking the Court to bar Chadema’s Central Committee from deliberating or determining his membership until his appeal is determined by the governing council.

Reading the Court decision presiding Judge John Utamwa said 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.

He said although both the appellant and the respondent agreed that the advocate can take the oath on behalf of the clients, the court had different views on the matter.

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

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

Judge Utamwa ruled that if Chadema Central Committee discusses and deliberates on Zitto’s membership then it is obvious that his membership will be withdrawn and hence fail to appeal to the governing council.

‘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,” he said.

Speaking outside the Court, Chadema’s Advocate, Tundu Lissu challenged the High Court’s decision to strike out the affidavit, saying it was allowed by law.

He however said so far the Court has three members of parliament who are David Kafulila, Hamad Rashid and Zitto Kabwe.

He said following the Court’s decision, Zitto will continue to attend the party’s meetings only in his constituency and not the Chadema’s Central Committee meetings.

Another advocate representing Chadema, Peter Kibatala said they respect the Court’s decision but on this case they will sit and discuss the legal way forward.

Zitto through his advocate Albert Msando, on January 3, this year filed the application, requesting the court to restrain Chadema Central Committee from discussing, deliberating or determining his membership, until the main suit involving the matter is determined.

Chadema Central Committee allegedly organised a meeting to discuss and deliberate on the membership of the Kigoma North legislator.

On Thursday last week Judge Utamwa ruled in favour of Zitto after dismissing three grounds of objection raised by the counsels for the opposition party, Tundu Lissu and Peter Kibatala, against the hearing of the application in question.

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 the issue of his membership until his appeal has been determined by the party's governing council.

He also requests the court to order the 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.

The main suit was postponed until February 13, this year for mention. 

SOURCE: THE GUARDIAN