hamisi hamisi cube
Member
- Jan 19, 2025
- 23
- 17
The interpretation of such a scenario, where the Mkutano Mkuu wa CCM selects only one candidate for the presidential post based on the so-called Azimio la Kikao, raises legal and constitutional considerations within the framework of the CCM Constitution and broader principles of democratic participation.
Legal Interpretation:
1. CCM Constitution Compliance:
• According to the provision (e.g., recommendation of not more than three names), the intention of the clause is to provide the National General Meeting with a choice among multiple candidates (up to three).
• If only one candidate is presented based on Azimio la Kikao, it implies that the other two candidates are excluded before being subjected to the democratic vote of the full meeting. This may be interpreted as limiting the choice of the broader meeting, potentially conflicting with the intent of the Constitution to ensure inclusivity and fairness.
2. Democratic Rights of Other Candidates:
• By excluding two candidates at the Azimio la Kikao stage, their right to equal participation in the democratic process within the party is arguably infringed. This is particularly relevant if the Constitution envisions a broader deliberation or vote by the Mkutano Mkuu for multiple names, as opposed to only one.
3. Implications for Mkutano Mkuu’s Mandate:
• The Mkutano Mkuu is the supreme decision-making body. If the body is not provided with the full list of qualified candidates (up to three), its ability to make an informed and democratic decision is curtailed. This could be seen as undermining the democratic mandate of the Mkutano Mkuu.
4. Principles of Natural Justice:
• Natural justice requires fairness and transparency in any selection process. Excluding two candidates without a proper vote or clear justification could be seen as violating principles of fairness, especially if they have fulfilled all requirements to contest.
Does This Infringe the Rights of Other Candidates?
Yes, it could infringe their rights if:
• The selection process does not provide equal opportunity for all qualified candidates to present themselves to the Mkutano Mkuu.
• There is a lack of transparency or clear justification for limiting the choice to only one candidate.
• The process deviates from the prescribed constitutional guidelines, creating an impression of bias or exclusion.
Interpretation of the Law:
• The law (CCM Constitution) aims to ensure fairness, democracy, and inclusivity in internal party elections. Any process that deviates from this—such as presenting only one candidate where the Constitution allows up to three—may be interpreted as a breach of the party’s internal laws.
• However, if the Azimio la Kikao is conducted in accordance with a provision that grants discretionary powers to a specific party organ (e.g., NEC or Halmashauri Kuu), then such action may be deemed lawful, provided it does not conflict with the spirit and intent of the Constitution.
Conclusion:
While the Mkutano Mkuu may lawfully endorse one candidate, the process leading to that decision must strictly adhere to constitutional provisions. If the selection of one candidate infringes on the rights of others to be considered, or undermines the democratic process, it could be challenged as unconstitutional within the party framework.
