Dar es Salaam — The Registrar of Political Parties, Mr John Tendwa yesterday refused to announce his decision over petition filed by Chadema against CCM presidential candidate but information from the ruling party confirmed that the petition has been thrown out.
In the petition filed last week, Chadema sought disqualification of CCM presidential candidate, Jakaya Kikwete, on grounds that he has flouted section 21 of the Election Expenses Act.
Mr Tendwa said yesterday that his office had already ruled on the petition but declined to reveal the ruling on grounds that the law bars him from doing that.
"I have forwarded the ruling to the major players, the petitioner (Chadema), the defendant (CCM) and the National Electoral Commission (NEC)," said Mr Tendwa, asking journalists to contact the parties for details of his ruling.
The petition alleged that the CCM presidential aspirant had went against Section 21 of the Act by declaring salary increase during the campaign, writing off of a Sh5 billion debt owed to Nyanza Cooperative Union and issuing a promise to Kagera residents that the government will buy them a new ship to replace MV Bukoba which capsized in 1996.
The CCM secretary general, Mr Yusuph Makamba confirmed to The Citizen over the phone that the party has received the copy of the ruling from the political parties' registrar.
Mr Makamba revealed that the Registrar has rejected the petition because it was baseless.
He said the ruling has justified the promises given by Mr Kikwete during campaign, saying they were within party's campaign manifesto.
"The judgment states that the charges in the petition against our presidential candidate have no base," said Mr Makamba.
According to Mr Makamba the judgment also reasoned that the complaints in the petition brought panic among the members of the public and most of them lost concentration on campaign issues as they waited for Mr Kikwete's fate.
Moreover, Mr Makamba quoted Mr tendwa as saying in the ruling that the parties should not be moved by hatred when filing complaints against another party.
"To criticise another party or candidate must base on the policy and promises contained in the party's campaign manifesto not otherwise," said Mr Makamba when reading part of Mr Tendwa's ruling.
But, when reached, the Chadema acting secretary general, Mr John Mnyika declined to comment over the judgement though he acknowledged to have received the ruling.
"We have received the ruling but it has been stamped 'confidential', therefore I can't divulge its contents to journalists or any other person... lets us consult our lawyers first," he said.
In the meantime, the political parties' ethics committee has directed the Registrar of Political Parties, Mr John Tendwa, to retrain Chama Cha Mapinduzi (CCM) from using posters with picture showing the State House.
The committee executive secretary Mr John Tendwa said it as true that using such posters was against the election laws and regulations and he would communicate the same to CCM.
Under the new Election Financing Act, according to Mr Tendwa, no candidate or political party is allowed to use government resource in its campaigns.
It is with that base Mr Tendwa said the committee decided to ban the posters because they are convinced that government resource was abused.
He added that the move was also aimed at creating level play grounds among all the seven candidates who are contesting for the presidential seat.
According to Mr Tendwa the committee also deemed it as unfair for a presidential candidate's poster to contain a picture of State House, an office which all the seven candidates aspire to enter.
"The committee has ordered the office of political parties to communicate the decision to CCM...since I am the registrar I will communicate them and make sure that the posters are removed immediately," Mr Tendwa said.
When contacted for his comments, CCM secretary general, Mr Yusuph Makamba said he was not served with the order.
However he said even if CCM will be served with the notice it will not remove the posters because they have been sanctioned by the National Electoral Commission (NEC) as the laws require.
"No political party or candidate under the Election expenses Act is allowed to post their election campaigns posters before they are approved by NEC and ours were approved," he insisted adding:
"For that I am advising anybody who has a problem with our posters to complain to NEC which has passed our posters."
Speaking to The Citizen NEC chairman Justice (rtd) Lewis Makame said the commission did not approve any candidate's poster with State House picture on it.
He added that if NEC will establish that any political party has used a banner which they did not approve, stern measures will be taken against the party as well as an individuals involved.
"We will punish anyone who has used unapproved poster because the laws allow us to do so," Mr Makame elaborated.
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