4 February 2013

Tanzania: Nsanzugwanko Appeal for Hearing

AS the time for determining election cases approaches the end, the Court of Appeal has decided to hear four election appeals, including that of ex-deputy minister, Daniel Nsanzugwanko, in its session starting in Dar es Salaam on Tuesday.

Other appeals in the ten days session that ends on February 15, involve Renatus Masanja, Aeshi Hilary and Chiriko Haruni David. According to the National Election Act of 1985, all election petitions and appeals are required to be disposed by April this year.

The cause list issued by the Court two weeks ago shows that the appeal by Nsanzugwanko, a member of the ruling Chama Cha Mapinduzi (CCM), would be heard on February 6, while that of Mr Masanja, a CCM member, would be heard on February 8.

According to the same document, the appeal by Mr Hilary, a member of the ruling party, would be heard on February 12, while that of Mr David, who is a member of Chadema, the country's main opposition party, would be heard on February 15. Nsanzugwanko, who was deputy minister for Information, Culture and Youth Developments, had contested the parliamentary seat for Kasulu Rural Constituency.

He is challenging the decision given by Judge Haruna Songoro on May 30, last year, at the High Court, Tabora Registry at Kasulu District. The High Court dismissed his petition, opposing the election of Zaituni Agripina Buyogera of NCCR-Mageuzi as Member of Parliament (MP) for the constituency.

He had polled 18, 482 votes while Ms Buyogera garnered 26,130 votes during the 2010 general elections. In his appeal, Mr Masanja, is challenging the judgment of the High Court given on May 4, last year, by Judge Ferdinand Wambari, in relation to the election of Mr Opulukwa Meshack Jeremiah, under Chama cha Demokrasia na Maendeleo (Chadema) as MP for Meatu Constituency.

Mr Masanja was, during campaigning and on the day of election, secretary and coordinator of all affairs relating to elections for one, Salum Khamis Salum, who had contested the seat under CCM, but lost to Mr Jeremiah. The CCM candidate had secured 12,824 votes, while that of Chadema got 13,850 votes.

For Mr Hilary, he had contested for parliamentary seat under CCM and won the elections as MP for Sumbawanga Rural Constituency, but his election was nullified by the High Court after granting a case petitioned by a member of Chadema opposition party, Norbert Joseph Yamsebo.

In his appeal, Mr Hilary is challenging the decision of the High Court given by Judge Batuel Mmila on April 30, last year. Mr Yamsebo had lost to Mr Hilary by a margin of 196. According to the results, Hilary got 17,328 votes, while Yamsebo managed 17,132 votes. In the same case, the Attorney General also lodged an appeal to challenge the same judgment.

Mr David is challenging a decision by Judge Noel Peter Chocha given on November 21, 2011, at the High Court, Mwanza Registry at Musoma, which dismissed his petition, disputing the election of Kangi Alphaxard Lugola under CCM as MP for Mwibara Constituency. Mr David had contested the seat in the 2010 general elections, but lost to Mr Lugola after getting 8,194 votes, while the winner (Lugola) collected 18,223 votes.

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