NEC put to task by Political parties over use of executive directors in by-elections
NEC chairman Judge Semistocles Kaijage
What you need to know:
- NEC chairman Judge Semistocles Kaijage has said his office has committed no offence so far, noting that the by-elections are executed under the Local Government Act whose sections were not part of the court judgement.
Dar es Salaam. Eight registered political parties have slammed the National Electoral Commission (NEC) for organizing by-election in 32 wards, set for June 15, this year under supervision of council executive directors, despite their powers being revoked by the High Court.
The eight opposition political parties are ACT Wazalendo, Chama cha Kijamii, (CCK), Chadema, Chama cha Umma (Chaumma), Democratic Party (DP), NCCR-Mageuzi, National League for Democracy, (NLD) and the United Peoples Democratic Party (UPDP).
Addressing a news conference on Sunday, 02 June 2019, in Dar es Salaam, the opposition political parties also blamed the electoral body for planning to update voters’ registry under the same council executive directors.
However, in a quick rejoinder, NEC chairman Judge Semistocles Kaijage refuted any wrongdoing, councillorship election are under the Local Governments Act whose sections were not part of the court judgement.
“NEC hasn’t violated any section of the law or article of the constitution as it is being claimed,” he said, adding.
“We are obliged to respect the High Court judgement, but nothing wrong have been done so far.”
He said sections 7(1) and 7(3) of the Elections that grants powers to council executive directors to oversee elections were the ones invalidated by the High Court.
“Applications filed at the High Court involved specific sections, the ones that were not quashed still stand. The complainant applied for invalidation of several sections including Section 6(1), 7(2), however only Sections 7(1) and 7(3) were nullified,” he said.
UPDP chairman, Mr Fahmi Dovutwa said the continued use of executive directors in supervising elections was being disrespectful to the judiciary.
“Failure to pick non-executive directors for supervision of elections is disrespect to the judiciary and legitimate judgement made by the court,” he said, adding.
“NEC should execute powers conferred by article 74 (15) (e) of the constitution to immediately appoint non-executive directors to supervise the June 15, by-elections.”
Mr Dovutwa said eight political parties will take several measures including boycotting the by-elections, consult activists under Bob Chacha Wangwe to apply for judgement execution and intensify demand for independent electoral commission if nothing is done.
He said they are aware of preparations to update voter’s registry, cautioning that not only clerks, but also election supervisors should be recruited for the process.
“NEC should also unveil schedule for the exercise to allow for stakeholders full participation including mobilizing citizens and appoint agents and observers,” he said.
On May 10, 2019, the High Court at the Dar es Salaam Zone invalidated Sections 7(1) and 7(3) Election Act that provided powers to cities, municipalities, districts and towns executive directors to supervise elections.
Though the Attorney General, Prof Adelardus Kilangi expressed the government’s intention to appeal, reports say no application has been filed so far.
