NCCR row: Pro- Mbatia group mulls court action

Monday May 23 2022
NCCR members

NCCR- Mageuzi members and supporters are involved in an altercation when a group opposed to chairman James Mbatia attempted to prevent him from entering the party's headquarters in Ilala, Dar es Salaam, on Saturday. PHOTO | SUNDAY GEORGE

By The Citizen Reporter

Dar es Salaam. The faction of the suspended NCCR Mageuzi national chairman James Mbatia and his vice person (mainland) Angelina Mtahiwa will seek court redress in the party’s impasse, The Citizen has learnt.
This comes  as Mr Mbatia’s chairmanship still lies in the hands of the registrar of political parties after the NCCR- Mageuzi’s executive council suspended the duo from participating in any party activities until a general meeting is convened.
The decision to suspend them was reached on May 21,2022 when members of the executive council disbanded the NCCR Board of Trustees and appointed new members who will be registered in accordance with the procedures.
Speaking to The Citizen on condition of anonymity, a source within the party’s Central Committee (CC) said: “It is the work of the deep state. We were to make our stance public, but we were denied… there was no entry to the office…police were everywhere stopping the legitimate chairman and the vice chairperson from entering into his office.”
Therefore, he said, the only place that they could fight for their rights would be the country court of law. “We are currently in the meeting (CC), there are possibilities that we will tackle the matter in court.”
According to Mr Mbatia’s faction, they got legal basis to fight for their rights, and do believe that the court  could rule in their favour though worried if the matter could be engineered by the state, then they might lose.
“For instance, the registrar of political parties was earlier informed (in writing) about the changes of secretary general (SG). That means, they know that the legitimate SG is Mr Anthony Komu, but still they attended an illegitimate meeting,” he illustrated.
According to the current NCCR Mageuzi Constitution (2014), article 31 sub section (a); each party meeting shall be convened by a secretary after consultation and in agreement with the chairperson of the said meeting.
Mr Mbatia’s fraction insisted: “We think this is the matter of the deep state plans because our constitution states clearly when the meeting is convened. In fact, when there is an extraordinary meeting. Mr Komu  should have been aware, but that wasn’t the case.”
According to NCCR Mageuzi constitution article 31 subsection (c) states that all ordinary meetings shall be convened with a notice of not less than 14 days. Therefore, the Mbatia faction wondered if the stipulated time was met.
Therefore, Mr Mbatia’s faction sees it as a ground for their legal battle saying: “…Anthony Komu did not convene any meeting.” Adding that: “Even the quorum did not match as we are aware that the legitimate members of the said meeting were only 35.” In case the chairperson is in breach of constitution, article 39 stipulates: “Whenever necessary, a five-member disciplinary and arbitration committee shall be formed but this wasn’t the case and on top, the SG who convened the meeting was illegitimate”
But article 14 sub section 1 and 2 of NCCR Mageuzi’s constitution indicates that a leader shall have the following rights: to defend himself in a meeting that decides on his/her allegations against him/her, and to challenge to his/her dismissal with an appeal to the appeal body if he/she is not satisfied with the decision by the lower body.
Then the Mbatia faction argue that it is their right to fight for what they think uncalled for when it comes to their leader. When reached for comment, Dar es Salaam’s Special Zone Police Commander Jumanne Muliro said the main role of the police force is to prevent criminal activities by ensuring peace is prevailing in the area. Adding that: “Our job is preserve peace and tranquillity, so whenever we see a sign that leads to the breach of peace then we immediately act…so, what we’ve done is to ensure that all fractions don’t meet at the same time in the area, we are waiting for the office of political parties’ registrar to determine the their fate.”
On the other hand, the Deputy Registrar of Political Parties, Sisty Nyaoza, said he could not comment further until tomorrow, Tuesday.
Over the weekend, NCCR- Mageuzi’s NEC suspended its party chairman James Mbatia and vice-chairperson Mainland Angelina Mtahiwa from participating in any party activities until a general meeting is convened to  due to various allegations.
They also dissolved the party’s Board of Trustees and appointed new members who will be registered in accordance with the procedures.