In its decision on a petition filed by Chadema politician, Ms Amy Pascience Kibatala, a panel comprising Judges Sakieti Kihiyo, Aloysius Mujulizi and Lugano Mwandambo held that the law under the National Election Act prohibits any meeting to be held during the polling day.
Tanzanians are scheduled to go to the polls tomorrow to elect the new president, Members of Parliament (MPs) and councillors. It will be the fifth election to be held since the country reintroduced multi-party political system in 1992.
There has been heated debate on whether voters would be allowed to remain at polling centres to 'guard' votes. However, the judges dismissed the request by Ms Kibatala, who had sought for declaration that voters or interested persons have the right to stay orderly beyond a distance of 200-metres from where voting and tallying is taking place without breaking the laws. "Section 104 (1) of the National Elections Act prohibits any kind of meetings to be held on the polling day.
So any assembly for whatever purpose even at a distance of 200- metres from where voting and tallying is taking place, is prohibited," they ruled. Section 104 (1) states, "No person shall hold a meeting on election day or within any building where voting in an election is in progress or at any place within the radius of 200 metres of such building wear or display any card, photograph,favour or other emblem indicating support for a particular candidate in the elections."
Advocate Peter Kibatala, who represented the petitioner (Ms Kibatala) in the matter, expressed his dissatisfaction on the High Court's decision. He pointed out that he would appeal against the decision considering its impact even in the forthcoming elections. In the petition, Ms Kibatala challenged the directives issued by the National Election Commission (NEC) for the voters to go home after voting.
The directives were reiterated by President Jakaya Kikwete and the Inspector General of Police (IGP) recently. According to the petitioner, NEC and other authorities' directives, basing on Section 104 (1) of the National Elections Act violated her rights provided for under Articles Article 5(1), 18 (1) and 21 (2) of the Constitution of United Republic of Tanzania.
However, the Attorney General (AG), through his deputy, Dr Tulia Ackson, appealed for dismissal of the petition for failure by Ms Kibatala to give sufficient particulars showing how her rights would be taken away in enforcing NEC's directives.
She also told the court that NEC and other authorities were justified to insist that all voters should leave the polling station after voting and go home, leaving behind only the persons authorised by the law, in particular section 72 of the National Election Act.
The date for the said elections was set by the Commission, which has announced that a total of 22,751,292 voters have registered themselves as voters. The Commission is constituted by and derives its powers and draws its operational mandate from the National Elections Act.
/Daily News.
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