The High Court in Tanzania will decide who, between government administrators and the electoral commission, will conduct local elections, in a application filed by three activists.
The court is due to sit on Monday next week to hear the petition challenging the supervision of the November 27 civic polls by regional and local government officials.
Three petitioners – Bob Wangwe, Bubelwa Kaiza and Dr Ananilea Nkya – argue that the involvement of the President's Office in the local elections is unfair as it undermines rights, transparency and creates mistrust in the electoral process.
The trio has asked the High Court to bar the regional administrations and local government officials from overseeing the polls, arguing that the Independent National Electoral Commission (INEC) is the right institution to supervise and administer elections in Tanzania.
They cited Article 76 (6) (e) of the 1977 Constitution, which they said gives the INEC the power to supervise elections.
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“We have initiated this legal action recognising that citizens are the sovereign authority of the country according to the Constitution. Article 8 (1) (a) states that citizens are the foundation of all authority and the government derives its powers and authority from the people,” Dr Nkya said.
The 2024 local government elections will involve over 12,000 registered and documented villages, 4,263 sub-wards, and 64,361 hamlets in 184 district, municipal and town councils.
The three plaintiffs have emphasised that civic or local elections are a fundamental democratic process that must be legally set up to ensure strong and accountable local leadership.
2019 experience
Mr Mohammed Mchengerwa, the Minister of State in the President’s Office responsible for Regional Administration and Local Governments, announced in mid-August that Tanzanians on the mainland will elect local government representatives on November 27 this year.
In the last such elections in 2019, controversies ensued, including the arbitrary disqualification of opposition candidates. The ruling Chama cha Mapinduzi (CCM) party won 99 percent of the contested local government’s leadership positions, however.
The opposition Chama Cha Demokrasia na Maendeleo (Chadema) party was forced to withdraw from those elections.
The petitioners said the 2019 experience shows that the local governments and regional administrations cannot supervise the civic elections in a free and fair manner.