She is also requesting the court to issue declaratory orders that voters have the right to stay orderly beyond the 200-metre radius from a polling station.
The first respondent in the petition is the Attorney General, who represents the government, while the second respondent is chairman of the National Electoral Commission, a body vested with mandate to supervision of elections in the country.
Through advocate Peter Kibatala, the petitioner, among other things, asks the court for interpretation of the provisions of Section 104(1) of the National Elections Act, Chapter 343.
According to the petitioner, the Commission has issued a statement to the effect that voters and the general public are not permitted to stay near a polling station, not even beyond the 200-metre radius permitted by law when voting is in progress. “The Commission has stated that no voter or any other person is permitted to stay in any area near a polling station where tallying of votes will be done,” she says in the petition.
She states that the Commission has issued the said order purportedly pursuant to Section 104 (1) of the National Elections Act, Cap 343.
Despite the said section having been violated, she says, on October 14, while addressing a public rally to commemorate the passing away of the Father of the Nation, Mwalimu Julius Nyerer, President Jakaya Kikwete reiterated the Commission’s stance, stating categorically that state force would be used against those who would not heed the NEC prohibition.
From the president’s statement, the petitioner says, as a registered voter who fully intends to utilize her basic right, such a prohibition would affect her right to fully participate in the electoral process which is constitutionally required to be transparent, among other characteristics.
Meanwhile, presidential aspirant for Chama Cha Demokrasia na Maendeleo (CHADEMA)Edward Lowassa has cautioned the National Electoral Commission (NEC)against tempering with pre-election state of affairs and make sure that laws and regulations are observed to ensure peace in General Elections due this month.
He made the statement when speaking in the party’s campaign rally at SabaSaba grounds in Magu district, Mwanza region on Thursday.
Lowassa who held rallies at Sumve, Misungwi and Sengerema districts to publicize the party’s election manifesto, also wondered about the contradicting figures on the number of registered voters between NEC and the government.“I don’t know who gave President Jakaya Kikwete the wrong figure of registered voters that was refuted just two hours later… this is a serious mistake that could lead into chaos in future,” he said, expressing worries over NEC’s integrity to supervise the General Elections.
“I am not sure if NEC is really an independent election body,” he questioned.
He insisted that NEC is responsible for ensuring free and fair elections or else it might result into uncontrollable social unrest throughout the country.
Earlier on his national address at the climax of Uhuru torch races in Dodoma, President Kikwete said there were 28 million registered voters, six million people over 22 million as revealed by NEC.
Lowassa who is supported by four political parties forming the Coalition of People’s Constitution (UKAWA) promised to end water problems in Magu district by setting up water processing plant sourcing its water from Lake Victoria.
“It is quite unfair for the people staying just six kilometres from the lake to experience such serious shortage of the precious liquid,” said Lowassa amid public applause.
The former premier vowed to waste no time in meeting his pledges soon after being elected president. He also said the poverty-stricken local government leaders and village executive officers who work on voluntary basis under CCM government will be paid monthly salaries like other government employees.
“Everything changes, but you cannot change the changes. Accept the real changes by removing the ruling Chama Cha Mapinduzi (CCM) from power,” said the veteran politician who forsook CCM recently in favour of the anticipated changes.
He showered praises to former Secretary General of the East African Community (EAC) Juma Mwapachu for his decision to quit CCM expressing hopes the exodus was soon to realize.
He insisted that crossing to opposition parties should not be regarded sinful or an offence as it is a part of one’s decision to exercise freedom, describing Mwapachu as CCM stalwart who has been fighting for changes since he was a leader of the TANU Youth League (TYG.
“CCM members should not hesitate to cross to Chadema because the party’s vision for change will take this country an extra t mile for development,” he said.
Chadema National Chairman, Freeman Mbowe called on residents to turn up in big numbers and vote for Lowassa on October 25.
SOURCE: THE GUARDIAN
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