What court ruling means for Zitto’s political future

Dar es Salaam.  A court ruling issued yesterday now leaves the door open for the Chadema Central Committee (CCC) to proceed with its earlier decision to strip Kigoma North MP Zitto Kabwe of his membership.

The move to kick out Mr Kabwe from the country’s leading opposition party was blocked after the outspoken youthful MP filed a case at the High Court of Tanzania to oppose any action to that effect.

What remains for the CCC is to summon the MP so that he answers to all charges against him and if the decision to expel him will stand, he will have 30 days to appeal at the Chadema Executive Council (CEC).

Yesterday, Mr Kabwe’s lawyer, Mr Albert Lusando, told The Citizen: “Our case has been dismissed on technical grounds…we’re still pondering on the matter and presently.  We’re going through the whole proceedings document, then we’ll decide what to do next.

“However, it should be understood that any expulsion of my client by his party isn’t automatic...it’s a process that requires various procedures within the party.  It was therefore not correct for (Chadema chief legal adviser Tundu) Lissu to announce as he did today that Zitto is no longer a Chadema member.”

He noted that the issue at hand was about good governance and democracy, adding that due process within Chadema should be subscribed to if at all Mr Kabwe were to be expelled.

Mr Lusando further said he would decide before the end of the week if they were going to lodge an appeal against the High Court decision.

Speaking yesterday after the court ruling, Mr Lissu was categorical that Mr Kabwe had been stripped of his  membership for violating of the party’s constitution that bars a member from filing a case against it.

“According to the Chadema Constitution, if a member files a case against the party and loses the case, he automatically leaves,” explained Mr Lissu, adding:

“I hereby announce that because he has lost the case he filed against the party, Mr Zitto Kabwe is no longer a Chadema member in accordance with the party’s Constitution.”

Responding to the decision,  Mr Kabwe wondered how the High Court could determine the case without giving him a chance to be heard.

He said he was not aware of the ruling and the court did not notify or summon him since the judge who was hearing the injunction had been transferred to Tabora.

“We weren’t summoned by the court. We don’t have any information about the new judge since the initial judge, Mr Utamwa, was transferred to Tabora. My lawyer is following up the matter and he will release a statement after understanding the basis of the ruling,” tweeted Mr Kabwe.

What does this judgement mean with regard to Mr Kabwe’s political future?

If the decision announced by Chadema yesterday stands, it would strip him of his status as an MP.  This, in turn, would see Mr Kabwe lose the chairmanship of the powerful Public Accounts Committee (PAC).

It also means Mr Kabwe will have to chart his political destiny afresh. There are rumours that he is planning to decamp to the newly formed Alliance for Change Tanzania (ACT).

But one thing is obvious – the move does not in any way translate into the political demise of the vibrant MP who has spent most of his time building Chadema.

He is among youthful MPs who have managed cut for themselves impressive political statures, commanding immense respect within the donor community and among the youth.

The influence he has had among the youth gives Mr Kabwe a chance to rebuild his political career.

But questions are being asked if PAC will be the same without him at the helm, for as its chair, the MP managed to mobilise its members to take the government to task in a number of issues.

He started to prove his mantle in handling public accountability when he was serving as chairman of the now defunct Public Organisations Accounts Committee (Poac). It is his work at Poac that enabled Mr Kabwe to easily land the PAC chair.

 Meanwhile, the move by Chadema to kick out the man drew immediate response from seasoned opposition politicians, who urged Chadema and the MP to resolve their differences amicably.

NCCR-Mageuzi chair, Mr James Mbatia, said the decision to expel Mr Kabwe was likely to affect democracy.

“NCCR-Mageuzi was the first political party to enter into a  wrangle with its MP David Kafulila. But through negotiations we resolved the matter and we’re now at peace,” Mr Mbatia said.

For his part, the UDP national chairman, Mr John Cheyo, said party principles should be adhered to by every member regardless their political stature. He said he would follow the Chadema example and expel one of UDP’s prominent member today.

In the suit filed in January 2, 2014, Mr Kabwe asked the court to restrain the CCC or any of its subordinate organs from deliberating, discussing or determining the issue of his membership until his appeal is decided by the party’s governing council.

He also requested the court to order the party secretary general to furnish him with a copy of the proceedings of the CCC in relation to his case so that he could lodge an appeal to the party’s governing council. However, in his ruling yesterday, Judge Richard Mziray threw out the suit with costs.

The judge reached the decision after he agreed with the submissions of preliminary objection raised by Chadema through advocates Peter Kibatala and Tundu Lissu.

The advocates filed the preliminary objection in January 22, 2014, asking the court to strike out the suit with costs.

In the preliminary objection, Chadema gave several grounds, citing, for instance, that the suit was incompetent in law because it has not been instituted in a lower court with the jurisdiction to hear and determine it as per Section 13 of the Civil Procedure Act.

Reported by Rosina John, Frank Kimboy and Mkinga Mkinga