Expelled Chadema MPs to appeal High Court ruling

Dar es Salaam. Expelled Chadema Members of Parliament (MPs) have expressed the intention to appeal High Court judgement delivered on December 14, 2023 after being dissatisfied with some issues.

Last year, the High Court revoked a decision by the Chadema’s governing council that approved expulsion of 19 members who took oath as party’s Special Seats MPs.

They were sworn in as party’s Special Seats MPs, representing Chadema after the 2020 general election, but the party said it did not nominate them.

The party’s Central Committee went on to strip off their membership, allegedly for violating party directives to disown the general election results.

The 19 appealed to the party’s top organ, the governing council, which rejected the appeal and authorised implementation of the Central Committee's decision.

Delivering the High Court judgement yesterday, Judge Cyprian Mkeha said the fact that the same members of the Chadema’s central committee were also members of the national council, which rejected the appeal, is contrary to natural justice.

However, a copy of the affidavit seen by The Citizen, says that the 19 appellants were dissatisfied with the High Court decision.

“They intend to appeal to the Court of Appeal of Tanzania against such part of the decision as decided,” reads part of the intention, dated January 11, 2024.

According to the document, the appellants are represented by Dar es Salaam based advocates Edson Kilatu and Ipilinga Panya.

The document is copied to Chadema registered trustees; the National Electoral Committee (NEC) and the Attorney General.

Speaking to The Citizen sister newspaper, advocate Kilatu said the appellants were not satisfied with some issues, despite emerging victorious.

“Some issues are not well placed including oaths made by Chadema witnesses, as they contravene details provided during the cross-examination,” he said.

 “A witness testified to know honourable Esther Matiko’s home, but the same denies to know the place during the questioning therefore invalidating the oath. However, the Judge didn’t say anything,” he said.

He said members of Chadema registered trustees who took oaths don’t sit at the party’s CC, therefore, their testimonies are typically based on hearsay.

“We made this clear during the proceedings, but the Judge didn’t say anything,” said advocate Kilatu.

Furthermore, he said appellants showed security threats imposed against them through WhatsApp messages, something that prompted their request for postponement of the CC meeting, but the Judge demanded for a police document.

“Following this decision, we are eligible for filing a petition in the next 30 days,” he said, expressing to do so before February 13, 2024.

Contacted, Chadema's Protocol, Communications and Foreign Affairs director, John Mrema confirmed to have seen the document on social media networks.

He said Chadema was waiting for the National Assembly Speaker, Dr Tulia Ackson’s decision on the expulsion of the 19 members.

“We are aware that the intention is to create a difficult environment for Speaker Ackson to make decisions,” he said.

However, he said the intention doesn’t have legal powers to restrict implementation of the court judgement, “Speaker Ackson should make implementation with immediate effect, without waiting for ill-intentions.”