AfricaPress-Tanzania: THE attempt by Advocate Paul Kaunda to challenge the Speaker of the National Assembly decision to recognize Mr Cecil Mwambe as still being a Member of Parliament (MP) on the Chadema ticket hit snags yesterday.
This followed the decision of the High Court in Dar es Salaam to reject the constitutional petition under which Kaunda, the petitioner, had lodged against three respondents, Attorney General, Speaker and Mr Mwambe.
Judges Issa Maige, Stephen Magoiga and Seif Kulita ruled against the petitioner after upholding one ground of objection advanced by state lawyers, for the respondents, to the effect that the petition was incompetent and bad in law for being frivolous, vexatious and unjustifiable.
They noted that what was being complained about was related to the procedure and not a constitutional issue on how Mr Mwambe allegedly ceased to be the MP and thereafter being recognized by the Speaker as still being a legitimate legislator.
According to the judges it was inappropriate for the petitioner to invoke Article 26 of the Constitution of the United Republic of Tanzania to knock doors by way of a constitutional petition and that he would have approached the court through an ordinary petition.
They were of the view that the petitioner could have resorted to Article 83 (1) of the Constitution as well as Section 37 of the National Election Act, which provides for procedures on how he could have pursued his grievances against the respondents.
“Under the circumstances, this petition is struck out for being frivolous and vexatious,” the judges declared.
During hearing, the respondents were represented by state lawyers comprising Principal State Attorneys Vicent Tango and George Mandepo as well as State Attorney Egid Rumish.
The petitioner had enjoyed the services of Advocates Fulgence Massawe, Daimu Halfan, Stephen Mwakiborwa and Prisca Chogero.
In the petition, Kaunda requested the court to declare the statement by the Speaker, Mr Job Ndugai, regarding the recognition of Mr Mwambe as still being an MP despite crossing the floor from Chadema to Chama Cha Mapinduzi (CCM) unconstitutional for offending Articles 71(1)(e) of the Constitution.
He requested for a declaration that Mr Mwambe ceased to be the MP for Ndanda constituency from February 15, 2020, when he declared to renounce his membership of Chadema and joined the CCM party.
The petitioner also sought for declaration that Mr Mwambe should return all parliamentary privileges and benefits which he received from the moment when he crossed the floor from the opposition party to the ruling party.
It was argued that the Speaker of the National Assembly had no authority whatsoever to reinstate and recognize a member of parliament who on his own volition and free will had renounced his membership and affiliation of the political party which sponsored him when he was elected as the MP.
According to the petitioner, the exercise of those powers by the Speaker of the National Assembly is exceedingly in blatant breach of Article 71 (1) (e) of the Constitution of the United Republic of Tanzania of 1977, as amended.
Mr Mwambe was elected as the lawmaker in 2015 in the general election which was held countrywide pursuant to Article 66(1)(a) of the Constitution.
However, he ceased to be the MP for Ndanda Constituency on February 15, 2020 when he defected from his sponsor party, Chadema, to CCM.
It is claimed that in May 2020, Mr Mwambe was seen via various mainstream media reporting back to the parliament following a summons by the Speaker to return to the parliament and resume his duties as a member of parliament.
The petitioner alleges that the Speaker of the National Assembly had no powers whatsoever to reinstate and recognize.
Mr Mwambe as the Member of Parliament while the latter had already swapped parties, hence losing his parliamentary seat as provided under Article 71(1) (e) of the Constitution.
