Delivering a keynote speech at the opening of a workshop in Dar es Salaam yesterday, he said it was well beyond doubt that history would document the 2015 General Election in many respects as especially animated.
He added, though, that the Judiciary was well prepared to rapidly handle any petitions filed after election results are announced.
“We expect huge number of election petitions this year, and we’re prepared to handle them,” said the CJ.
During the 2010 General Election, the High Court received 44 election petitions out of which 17 went to full trial and the rest were resolved at the preliminary stages.
Candidates from ten political parties are contesting in this year’s elections, with four opposition parties – Chadema, Civic United Front, National League for Democracy and NCCR-Mageuzi – mostly having a common list of candidates for presidential, parliamentary and councillorship elections.CJ Othman said already 35 out of 84 High Court judges have been exposed to brush-up training on the best ways to handle election petitions.
“We took a purposeful decision to work together with the Tanzania Human Rights Defenders Coalition (THRDC), whom I sincerely thank, so that additional 35 judges could also be trained,” he noted, adding that the selection includes judges who have not attended the earlier workshop training.
The CJ said empowering judges to handle election petitions in the best way possible was a viable investment in democracy and the rule of law.
He noted that the country’s courts have previously experienced delays in the disposal of election petitions, adding: “The petitions were not disposed within the initial trial time limit of one year provided for by the law.”
“We had to seek leave from the Constitutional and Legal Affairs minister for a six-month extension of time for the determination of the pending petitions. Judging from the 2010 General Election, the situation has improved appreciably. The court’s performance has been much healthier,” explained CJ Othman.
He maintained that General Election being held this time around “calls for a boost in our performance” in the particular respect of election petitions.
National Electoral Commission (NEC) Judge (rtd) Damian Lubuva expressed gratitude with regard to the holding of the training, saying the empowerment would help judges more appropriately handle election petitions coming their way and in so doing ensure free and fair elections.
He said that, in dealing with election petitions, courts play an important role in that they safeguard democracy and protect the rights created by the law.
Clarifying on concerns by politicians and activists demanding that voters remain at polling stations after casting their ballots, the NEC chairman said that would be inappropriate considering the level and huge turnout of voters.
“The public will vote and leave the premises to allow those who have not cast their votes to exercise their constitutional right, too… The public will be allowed entry after the votes have been counted,” he said.
THRDC Coordinator Onesmo ole Ngurumwa meanwhile said the workshop was expected to attract 40 High Court judges as well as the High Court Registrar “to help improve their capacity to fairly and promptly handle election petitions”.
“This is also meant to reduce the number of errors and challenges relative to those recorded from the 2010 General Election petitions,” he added.petitions and in so doing promote free and fair election.
In dealing with election petitions, courts also play an important role of safeguarding democracy and protecting the electoral rights created by the law.
Clarifying on the concern by politicians and activists demanding that voters should remain at polling stations after voting, NEC chairman said this would be inappropriate considering the level and turn out of voters.
“The public will be allowed to vote and leave the premises to allow those who have not cast their votes to exercise their constitutional right … the public will be allowed entry after the vote count exercise.”
THRDC Coordinator Onesmo ole Ngurumwa said the workshop will bring 40 High Court judges and Registrar to help improve their capacity to fairly and promptly handle election petitions.
“This also seeks to reduce challenges and errors recorded from the 2010 election petitions,” he said.
SOURCE: THE GUARDIAN
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