Chadema file a Lawsuit in the High Court in Zanzibar today

Chadema out to stop voter registration
By Vicent Mnyanyika

Two officials of the opposition Chadema party and a lawyer in private practice will file a suit in the High Court in Zanzibar today, seeking to block the ongoing voter registration for next year�s General Election.
The three, who have the backing of their party, Chama cha Demokrasia na Maendeleo (Chadema), are expected to file a constitutional case against the Government of Zanzibar.

They will be seeking court orders to stop the registration, pending determination of their main suit, challenging the legality of the Zanzibari Identity Card (Zan ID), as a condition for one to be registered as a voter.

Mr Hamad Musa Yusuf, the party's deputy secretary general in Zanzibar, Mr Dadi Kombo Maalim, the information officer in the Isles, and lawyer Ali Omar Juma have asked the court to declare the use of the Zan ID in voter registration illegal.

In their suit, the three will also be asking the court to allow all Zanzibaris aged 18, and above, to be registered without being required to hold Zan IDs.

The voter registration has been going on at a very slow pace after many people decided to boycott in protest against the way it�s being handled by the Zanzibar Electoral Commission.

Speaking to The Citizen by telephone from Zanzibar yesterday, Mr Yusuf confirmed that the case would be filed today at the High Court in Zanzibar.

He said they had already served the Government with the emergency mandatory two-day notice, which expires today. The notice was presented on Tuesday to the office of the Chief Minister.
The normal notice for constitutional matters is 60 days.

"We sent it yesterday to State House and the Chief Minister�s office under Section 60(5), Cap 8 of the laws of Zanzibar, which allows a two-day notice for an emergency issue. This expires tomorrow (Thursday), when the case will be filed in court," said Mr Yusuf.

"What we want is justice for the people of Zanzibar. What the people want is for justice to be done and seen to be done to all Zanzibaris irrespective of their colour, economic status, political affiliation, gender or place of origin," he said. "We are filing this case as individuals, but we have blessings and full backing of our party."

The decision to seek court redress, he said, was in the interest of Zanzibaris, the "majority of who have been barred from being registered as voters on political grounds".

He said their suit was based on the fact that neither the law nor the Constitution recognizes the Zan ID or any residential identification as a precondition for registration as a voter.

"Neither Section 7, subsection 1 and 2 a, b, c and d of the Constitution of Zanzibar nor Section 5, subsection 1 and 2 in paragraphs a, b, c, d of the 1977 Union Constitution, which speaks about elections, mention identity cards as qualification for registration."

"Election Act number 11 of 1984 of Zanzibar, subsection 1(b) contravenes itself. It forces a resident of Zanzibar to get an identity card if he wishes to be registered without specifying if such a card must be a residence identity card," said Mr Yusuf.

He said the Zan ID requirement contravene both the Union and Zanzibar constitutions. He charged that it had become a hindrance to a smooth electoral process.

"We are demanding the suspension of the exercise by court injunction and nullification of the use of the so-called residence identity card during voter registration in the permanent register," said.

Mr Yusuf said at least a third of eligible Zanzibaris had not been listed since voter registration started several weeks ago, the major obstacle being the Zan ID.

"If this continues, there is a danger that only a few people will take part in the election of the Zanzibar President in 2010. We have to make sure that this is solved before we go for the polls next year," he said.

Mr Yusuf added: "We didn't want to follow the political path because it could have taken a long time. I have already notified the secretary general and the issue was discussed by the top party echelons and supported."

The Civic United Front (CUF) director of publicity and communications, Mr Salim Biman, supported Chadema's move, saying their party was also against the use of Zan IDs in voter registration.

"We agree with them that the use of the identity cards contravenes the Constitution. And if anything contravenes the Constitution, it is illegal," said Mr Bimani.

He called for public support on the issue. However, Mr Bimani said his party was skeptical about seeking legal redress, as cases dragged on for too long.

"We had filed 1,000 cases but we have not recorded victory in even in one case. We have had many cases filed against. Our leaders have been unlawfully arrested several times, just to deny us justice," said Mr Bimani.
However, he added, Chadema's triumph on the issue would the victory of all Zanzibaris.