CCM opposed to calls to introduce independent candidates

Government threatened with suit over private candidates
By Bernard Lugongo

The Legal and Human Rights Centre (LHRC) has vowed to seek court injuction to stop the general election should the Government refuse to allow private candidates.

The government has so far ruled out the possibility of having private candidates in the October general election.

The Executive Director of the LHRC, Mr Francis Kiwanga, yesterday said the Centre was concerned about the matter, adding that they were ready to seek court's intervention.

He said about eight months remaining is enough for government to work on a legal framework for private candidates to stand in the next general election.

"We want the government to comply by allowing private candidates as decided by the High Court in 2006, or else we will go to court to stop the election," said Mr Kiwanga.

He said the Centre would join other Tanzanians who would like to see private candidates being allowed.

Mr Kiwanga criticized Deputy Attorney General George Masaju and Minister for state, Policy and Parliamentary Coordination Philip Marmo who recently gave statements contradicting the court's decision on the matter.

The activist said for the Government to continue disobeying the court order was interfering in the rule of law in the country.

Likewise, he added, the statement by Mr Marmo openly showed that the government was deliberately refusing to comply with the court order.

For her part, a lawyer with the centre for parliamentary watch, Ms Geline Fuko urged the government to respect court rulings.

"The court has ruled that private candidates should be allowed in the elections, failure to implement this amounts to undermining of its authority," she said.

Mr Masaju, said that the High Court's decision, allowing private candidates in parliamentary and presidential polls could not be enforced.

Mr Masaju said no one could come forward to claim the right since the appeal against the High Court decision has not been determined.

The campaign to have private candidates dates back some 16 years ago, when Rev Mtikila instituted a constitutional petition to enforce some of his basic rights including the right to participate in public affairs without being forced to join a political party.

In October 1994, the late Mr Justice Kahwa Rugakingira ruled that the amendments made to articles 39, 67 and 77 of the Constitution restricting the right to contest in elections to political parties candidates only were capable of being abused to confine the right of governing to a few and to render illusory the emergence of a truly democratic society.

The government appealed but later withdrew the case and rushed a Bill to parliament to amend article 39, 67 of the constitution which restricted private candidates, making it mandatory that any Tanzanian wishing to contest for presidency or MP must first join a political party.

Following the amendments, Rev Mtikila filed another constitutional petition to challenge the amendments, and again won but the government challenged the High Court's verdict on the grounds that the making of laws was the preserve of Parliament.