High Court rules against announcing unopposed candidates as winners.
The CitizenMar 30, 2023 2:20 PM
Dar es Salaam.
The High Court of Tanzania has on Wednesday March 29, ruled that no candidates from the grassroots to the Member of Parliament can be announced as unopposed candidate in elections as winners.
In a landmark court ruling, from now onward, no candidates for parliament, councillors, and chairpersons of local governments, villages, or townships can be declared winners unopposed.
The court has declared that Section 44 of the National Election Law Chapter 343; and Section 45(2) of the Local Government Elections Act Chapter 292 is invalid and against the Constitution.
The petition, brought by petitioner Joran Bashange who is the Deputy Secretary General of ACT-Wazalendo, was ruled on by three judges; John Mgeta, Banhajj Masoud and Edwin Kakolaki.
In their ruling, the judges stated that they have already held that the impugned provisions are violative of the Constitution and the respondents could not discharge the burden of proof in showing that the said provisions are necessary and saved by Article 30(2) of the Constitution.
"In this respect, we do not have any other option but to hold in terms of article 64(5) of the Constitution of the United Republic of Tanzania in relation to the impugned provisions. Our holding would in our considered view suffice," reads the judgement.
"In the event and for the reasons herein above stated, we find merit in the petition before us. We accordingly proceed to declare and hold that the provisions of section 44 of the National Elections Act, Cap. 343 (hereinafter Cap. 343) and sections 45(2) and 13(7) of the Local Government (Elections) Act, Cap. 292 (hereinafter Cap. 292) are unconstitutional, and therefore null and void for offending the provision of article 21(1) and (2) of the Constitution of the United Republic of Tanzania, as amended from time to time," the ruling declares.
It adds: We henceforth proceed to strike out the said provisions from the 41 statute book. We decline to make any order as to costs since, the petition was conducted as a public interest litigation.
In addition, the ruling states that by announcing unopposed candidates, it deprives citizens’ right to vote for their representatives.
With the ruling circulating on social media, with many questioning how the ruling affects some leaders who were announced unopposed in the previous election.
Many have commended the High Court ruling, saying it has come at the right time and that since Tanzania is multiparty country, it should have citizen representatives from all political parties which will strengthen the democracy.
"The position of the court is good that it is impossible in this era, especially since the establishment of multi-party democracy, any candidate will go unopposed," Profes Bomani commented on post by the ACT-Wazalendo party leader Zittto Kabwe who posted the parts of the ruling on his Twitter page.
In the 2020 general election, more than 15 members of parliament, including the Prime Minister Kassim Majaliwa, who is a Ruangwa lawmaker, were declared unopposed.