The High Court in Dodoma on Monday sat to consider a petition by ACT-Wazalendo and its presidential candidate Luhaga Mpina, who is challenging a decision that barred him from contesting in Tanzania’s October elections.
The case comes after Tanzania’s Registrar of Political Parties cancelled Mpina’s nomination on August 26th ruling that he joined ACT-Wazalendo too late and that his nomination process violated party rules. The decision followed a petition by ACT’s Dar es Salaam regional secretary, Monalisa Ndala. The Registrar directed the Independent National Electoral Commission (INEC) not to clear Mpina for the presidency.
ACT-Wazalendo immediately rejected the decision, saying it was unlawful interference in the election process. Party Secretary General Ado Shaibu said at the time “The Registrar has no authority to interfere once the election process has started. Mpina had already picked forms, secured sponsors and sworn before court.”
Today, Mpina and his running mate Fatuma Fereji appeared before a panel of three judges, Abdi Kagomba, Evaristo Longopa and John Kahyoza, as the case was heard in full. ACT-Wazalendo’s lawyers argued that INEC acted outside the law by refusing to accept Mpina’s nomination papers. Lawyer John Seka said the commission should have received the forms and followed legal procedures if there were objections.
On the other side, State Attorney Mark Mulwambo told the court that INEC acted within the law. He said the Registrar’s letter never gave direct instructions to bar Mpina, but INEC gave the party an option to submit another candidate which ACT-Wazalendo did not do. “The Director of Elections acted lawfully and in line with election rules,” Mulwambo said.
The judges are expected to deliver their ruling on Thursday, September 11th. That decision will determine whether Mpina can return to the ballot as ACT-Wazalendo’s presidential candidate, or if the party will head into the polls without a flag bearer.
The case has drawn close attention because Tanzania’s election campaigns officially began on August 28th with ruling party CCM and other parties cleared, but without CHADEMA the main opposition on the ballot. If ACT-Wazalendo also remains locked out, it would leave the October race largely uncontested by Tanzania’s main opposition parties.
