Opposition lose petition on by-elections

The High Court yesterday threw out an application filed by four opposition parties seeking to stop by-elections in 16 mainland Tanzania wards lined up for tomorrow.

It ruled that the Government would suffer a heavy loss if the elections are not conducted as planned.

The four parties were seeking an order to have the National Electoral Commission (NEC) shelve the by-elections until about 50,000 eligible voters are registered and allowed to take part.

However, a panel comprising judges Njengafibili Mwaikugile, Robert Makaramba and Aisha Nyerere said the petitioners had failed to prove to the court how the 50,000 people would suffer by not participating in the by-elections.

Delivering the ruling, Judge Mwaikugile said the applicants had also failed to give the court convincing evidence that there were indeed 50,000 people who had not been registered for the by-elections.

He said that, given such a glaring lack of crucial evidence, it would be improper and unfair to block a process on whose preparations the Government had spent a lot of money.

The panel consequently ruled that the Chama cha Demokrasia na Maendeleo, the Civic United Front, NCCR-Mageuzi and the Tanzania Labour Party application was untenable and that the by-elections should proceed as scheduled.

The counsel for the applicants, Mpale Mpoki, had earlier submitted that they had advised the electoral commission on the importance of registering all eligible voters not registered in 2004.

He told the court that, despite the warning, NEC went ahead with preparations for the by-elections without registering the said 50,000 people.

The counsel further submitted that NEC confirmed to the applicants on October 2, 2007 of its desire not to update the Permanent Voters Register so as to accommodate those people.

The applicants argued that the commission`s decision would violate the country`s constitution by denying the 50,000 the right to participate in the by-elections without reasonable cause.

Counsel Mpoki said the country\'s constitution gives NEC powers to register voters and organise elections but that does not mean the commission is also vested with powers to violate the law.

State attorney Joseph Ndunguru pleaded with the court to dismiss the application, saying the Government had spent 500m/- to ensure the by-elections were held as planned and would incur a big loss if the process is blocked.

He also submitted that there was no link between the holding of the by-elections and the updating of the register.

The by-elections are being held to fill vacancies resulting from the death of councillors in the 16 wards in mainland Tanzania.