Zanzibar in crisis: The way forward

Arusha/Dar es Salaam/Zanzibar. Legal experts in the country have called for a speedy resumption of the vote tallying and announcement of results of Zanzibar elections to avoid a constitutional crisis.

The Zanzibar Law Society (ZLS) yesterday added its voice to the call to reverse the Zanzibar Electoral Commission (ZEC) decision—as announced by the electoral body’s chairman Jecha Salim Jecha—to annul Isles polls. The ZLS call was immediately supported by the Tanganyika Law Society (TLS).

According to the two oganisations, the nullification was not only illegal; it was also a threat to the nation’s peace and stability. “It is prudent that the process of tabulating the votes in Zanzibar resumes so that eventually election results are announced,” reads ZLS and TLS statements in part.

The two bodies have also recommended for immediate high level consultations amongst all political, governmental and civil society stakeholders to find a solution that will save the country from certain constitutional nightmare.

“They should put aside their differences and place the interests of Tanzanians first and come together to find a speedy solution to the issues that have led to this unfortunate development, for furtherance of democracy, peace and unity of the people of Zanzibar,” suggested ZLS and TLS.

The two bodies also denounced ZEC chairman Jecha, saying he acted on his own accord and did not bother to consult other commissioners before he took the unprecedented action which is contrary to the 1984 Zanzibar Constitution.

Speaking to journalists in Zanzibar yesterday ZLS chairman Awadh Ali Said and organisation’s secretary general Omar Said Shaaban called for the formation of an independent body to probe Mr Jecha. If proved that he was directed or acted under pressure to annul the elections, they said, he should be fired.

“The President (of Zanzibar) should see to the formation of an independent body to probe the chairman over claims that the man failed to discharge his duties and if the claims are proved to be true, then he should fire him forthwith,” said Mr Shaaban adding:

“We believe that our President (Zanzibar’s) will get the truth and keep away from being the first top leader of Zanzibar to breach the country’s Constitution.”

For his part, law don from the University of Dar es Salaam, Prof Chris Maina Peter, yesterday told The Citizen that the best way out of the crisis might be obtained if the Section 90 (3) of the Zanzibar Constitution is to be enforced.

“This section gives the President of Zanzibar the power to recall the disbanded House of Representatives in case of an extraordinary situation. The way forward must be charted by the House—yes, the representatives from CUF and CCM were in bad blood before the House was disbanded, but now they will have to realise the country is in crisis and both legal and political solution must be obtained from them,” he said.

Prof Maina said if it is resolved to resume the tallying process then he is worried of the sanctity of the votes of the unannounced constituencies.

However, a Zanzibar-based lawyer, Ms Fatma Karume, said Section 90 (3) of the Zanzibar Constitution doesn’t apply in the current context.

“The section empowers the President to recall the disbanded House of Reps in a situation of danger. We’re not in danger, we are in a middle of a constitutional crisis which was created after security organs under the watch of top leaders put a democratic process under siege, and the situation is unforgivable,” she said.

According to Ms Karume, the only way out of the crisis is resumption of the tallying process and respect of the will of Zanzibaris in as far as the choice of their leaders.

In another development, Zanzibar’s ADC presidential candidate Hamad Rashid Mohamed, has said he has no faith in the ZEC, calling upon all the commissioners to be held responsible and resign.

Mr Hamad said this yesterday when he was speaking to reporters at a Malindi hotel in Unguja following the statement issued by the ZEC chairman to annul Zanzibar’s polls held last Sunday. He said his party has no faith in ZEC because the electoral body’s operation lacked performance merits on observing election laws and regulations properly.

For transparency and responsibility to be realised, he said, ZEC executives should resign and a non-political commission with a wider representation should take charge of the ZEC duties. Meanwhile, The East African Community (EAC) yesterday joined other international observers in denouncing the nullification of the Zanzibar elections.

A statement signed by the head of the EAC Election Observation Mission, Mr Moody Awori, and availed to The Citizen here, said the observers to the Tanzania polls were gravely concerned by the situation in Zanzibar. Mr Awori said although they were satisfied by the “peaceful and transparent” way the polling and counting processes in the other side of the Union, nullification of the poll results in the Isles has come as a shock.

Reported by Athuman Mtulya in Dar es Salaam, Haji Mtumwa and Salma Said in Zanzibar and Zephania Ubwani in Arusha