The former Zanzibar Attorney General (AG), Othman Masoud Othman yesterday challenged the Isles’ President Ali Mohamed Shein to step down and hand over power to Chief Justice to avoid plunging the country into further crisis.
He said that Zanzibar Second Vice President, Seif Ali Iddi, and the Speaker of the House of Representatives Pandu Ameir Kificho shouldn’t deserve to continue with the their position s since Zanzibar lacks a valid House of Representatives.
Othman was speaking in Dar es Salaam yesterday during a forum to discuss legal challenges that emerged during the General Election in both Tanzania mainland and Zanzibar.
He said the nullification of the Isles’presidential results is the conspiracy of highest order.
Othman who was among the key speakers said once the President is out, Chief Justice should form a committee to investigate whether the election results in Zanzibar were legally cancelled and if not authorities should continue with tallying and announcement of the winners.“It is the committee responsibility to say if the decision was right or wrong…if proven legally right then Zanzibar should go for re-elections” he said insisting that Zanzibar political stand off will never end if the President continues to executive his duties.
The former AG noted that it is wrong for the government to maintain silence over the matter while knowing the situation might result into mayhem.
He said the Zanzibar Electoral Commission (ZEC) was to consider what the law says before cancelling the results.
“Isles election results were cancelled by ZEC Chairman Jecha Salim Jecha without even involving his fellow members” he said noting even the sections of the Election Law that he used to justify nullification of results doesn’t give him powers to do so.
Advocate of the High Courts of Tanzania and Zanzibar, Fatma Karume who was talking on the position of ZEC and National Electoral Commission (NEC) in last year’s elections insisted on the need for free and fair electoral body.
According to her the electoral bodies are not free. She said even the country’s judiciary system is not free and fair since the Heads of the institutions are Presidential appointees.
Karume suggested that chairman of the electoral body and the Chief Judge should be appointed by the committee. She said: “The decision of voters will only be respected when ZEC and the judiciary will be independent”.
The Civic United Front (CUF) party acting Public Communications Director, Ismail Jussa Ladhu said the issue in Zanzibar is likely to weaken the Union. He said the matter has been left to Isles residents as leaders from Tanzania mainland are not paying any attention to it.
“Our stand on the matter remains…we are in quandary as we don’t understand whether ZEC cancelled announcement of the results or the election,” he said.
Representatives from Chama Cha Mapinduzi (CCM) couldn’t show up as it was announced earlier but the event coordinator, James Jesse from the University of Dar es Salaam said they had an excuse and that they were attending a meeting in Dodoma.
Speaking on the legal challenges of the last legal year’s General Election, Harold Sungusia said the whole process was characterized with challenges including poor preparations.
He said legally upgrading and verification of voter’s registration book was to be done at least two times before the election but NEC did it only once.
He said violations of the law were fueled with poor supervision whereas hate speeches were used at 188 campaign rallies.
Sungisia noted that to do away with the challenges Tanzania must have a new constitution. He said Article 41 of the Constitution restrict people to challenge presidential results at the court.
“Article 14 of the constitution bars top officials of the electoral body from being members of any political party....it is very obvious that such personnel were affiliated to a certain political party”, he said.
He said there is absence of checks and balances because the law restricts people to question decisions made by the NEC.
Last week, ZEC Chairman Jecha Salum Jecha announced Zanzibar’s election re-run date to be March 20 this year. The announcement of the re-run by ZEC follows the nullification of the last year’s General Election on October 25.
In his nullification statement, Jecha cited shortfalls which included differences among ZEC members, with some having turned representatives of their respective parties.
He also cited a number of irregularities, which he said occurred especially in Pemba, with the number of votes cast at some polling stations exceeding that of voters registered for the polls.
SOURCE: THE GUARDIAN
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