State set to appeal ruling

Dar es Salaam. The government said yesterday that it intends to appeal the ruling issued by the High Court that municipal, town and district executive directors (DEDs) should not be allowed to act as returning officers in elections on behalf of the National Electoral Commission (NEC).

In a landmark ruling, the High Court ruled on Friday that sections 7 (1) and 7 (3) of the National Elections Act, which empower DEDs to supervise and coordinate the registration of voters for presidential, parliamentary and council elections, were contrary to the Constitution.

The petition was filed last year by Mr Bob Wangwe, who is a Chadema member, against the Attorney General. Mr Wangwe was represented by advocate Fatma Karume.

But the Attorney General, Prof Adelardus Kilangi, said at a press conference yesterday that the government, through the Solicitor General, had submitted a notice to the Court of Appeal informing it of its intention to appeal the ruling.

“We have also asked for the copy of judgement and other documents on the case proceedings,” said Dr Kilangi.

He pointed out that the High Court ruling will not affect the upcoming by-elections. This is because the moment the government submitted its intention to appeal, the High Court ruling was placed on hold until the appeal is determined.

Last Friday, Lady Justice Atuganile Ngala said sections 7 (1) and 7 (3) of the National Elections Act contradict Section 74 (14) of the Constitution for not setting limitations to ensure the independence and accountability of DEDs who double as returning officers during polls. She sided with the petitioner that the National Elections Act does not provide any guarantee to ensure the independence of the returning officers appointed by NEC.

The section prohibits any person concerned with the supervision and conduct of elections from joining any political party. The court’s decision means that local government elections will only be supervised by officials hired by NEC, the only body charged by the Constitution with supervising and coordinating elections.

The petition was filed last year by human rights activists with the support of opposition political parties represented by Mr Wangwe of Chadema against the government’s chief legal adviser, the Attorney General. The petition was presided over by a panel of three judges - justices Benhajj Masoud, Firmin Matogolo and Atuganile, who led the team.

The petitioners felt that allowing directors of local government authorities to oversee elections jeopardised the fairness of the electoral process because the leaders were presidential appointees.

“The President is free to appoint whoever he sees fit to serve as a DED…in many cases President John Magufuli has awarded the positions of District Executive Director members of Chama Cha Mapinduzi (CCM), who lost nomination for parliamentary elections,” said the petitioners.

The petitioners contested Section 22 (1) of the Local Government Services Act, which does not set any qualifications for directors of local governments.

and neither does it require the president to appoint directors who are independent from any political party.

“DEDs and directors of towns, municipalities or city councils when acting as returning officers are appointed and are answerable to the president and not the electoral commission and therefore have neither the independence nor the objectivity that is requisite in a returning officer under the constitution,” argued the petitioners.