NEC chairman Justice Damian Lubuva reiterated his position that Tanzanians should turn out in large numbers and cast their votes knowing that their collective will would be respected and upheld.
Dar es Salaam. The National Electoral Commission (NEC) said yesterday said that it would only declare the rightful winner of the October 25 presidential election, deflecting accusations from some of the country’s legal minds that the polls body had tended to lean towards the ruling party, CCM.
NEC chairman Justice Damian Lubuva reiterated his position that Tanzanians should turn out in large numbers and cast their votes knowing that their collective will would be respected and upheld.
“We will only declare as the winner the candidate, who garners a majority of Yes votes. The winner can only be the one, who garners a simple majority ahead of others and that is the one NEC will announce as the president elect,” he said at a mid-year meeting of the Tanganyika Law Society meeting in Arusha yesterday.
Justice Lubuva said voters should ignore and not be discouraged by rumours that NEC would rig the election in favour of any of the competitors.
He said electoral body would follow the law and only announce the winner, who met legal requirements. “We will only announce the winner as voted for by members of the public. This is what we have always been doing.”
He stressed that NEC had been operating independently and not on the whims of anyone or under the command of the government as claimed by some. He allayed fears that the coming polls might not be free and fair, noting that it was not the NEC alone that would ensure that, but all other players, including political parties, law enforcers, lawyers and members of the public in general.
Early this week, the opposition coalition (Ukawa) backed candidate, Mr Edward Lowassa of Chadema, said he would concede defeat only if the general election was not rigged. He told Kenya’s television station, Citizen TV, in an exclusive interview on the sidelines of his campaign that there was fear among his supporters that his votes would be stolen. “I will not concede defeat if there will be rigging and the election is not fair or open. There is real fear because my supporters are telling me that we will vote for you, but they will rig it,” he said.
Various opposition party leaders have raised concern over what they view as interference in NEC operations, claiming President Jakaya Kikwete has appointed new commissioners at a time when the election is around the corner. They say the appointments are suspect. Chandema national chairman Freeman Mbowe has also claimed that soldiers have been deployed to NEC offices and that the government has directed the polls body not to use teachers as polling clerks this time round. However, NEC has denied the allegations.
The polls body has taken several measures to ensure the election is free and fair, including agreeing to pin presidential poll results at all polling stations. NEC has also said it is testing new software that will help capture and relay presidential vote results in real time. The agency has also declared that it will dispose of the counting of votes and announce the results in two days instead of the seven stipulated in the law. During yesterday’s meeting, a lawyer for NCCR-Mageuzi Mohamed Tibanyendera, claimed the electoral body had openly shown its bias by not taking action against CCM leaders using foul language during on-going election campaigns.
He alleged that there were cases where national CCM politicians were using insults and uttered obscene language to opposition leaders vying for various positions without any warning from NEC.
Mr Tibanyendera said if such utterances had been made by Ukawa leaders or leaders from other opposition parties, the situation would have been different.
“I think they (opposition leaders) would have ended being locked up,” he said, noting that Ukawa was facing difficulties to get grounds for its campaign meetings, including at Jangwani in Dar es Salaam.
Mr Tibanyendera also took issue with NEC, challenging the appointment of district or municipal directors as returning officers for the polls on grounds that the said officials could not exercise impartiality.
“Often times, they are getting directives from security officials, district and regional commissioners through defence and security committees. The committee bends towards the ruling party’s operatives,” he pointed out.
He also castigated the outgoing government for continuing to make appointments of high ranking officials, including ambassadors and directors in key government departments only weeks before the much expected polls.
A lawyer with ACT-Wazalendo, one of the eight political parties, Albert Msando, claimed there was no transparency in the entire electoral process.
He told lawyers at the Arusha International Conference Centre that some political parties were spending billions of shillings for campaigns, while others did not have sufficient funds for the same.
He wondered why NEC kept quiet with some candidates during ongoing election campaigns using the language that could divide Tanzanians along tribal or ethnic lines. He did not elaborate, but warned this could compromise the national unity.
The meeting also heard remarks from Dr Harrison Mwakyembe, the minister for East African Cooperation. He spoke in his capacity as a legal advisor of the ruling party.
Other speakers included Hashim Mziray of CUF and Peter Kibatala of Chadema.
The NEC chairperson refuted recent reports that university students might not vote this year because of some technicalities, saying the matter had been blown out of proportion, but could neither elaborate nor show how they would vote.
On claims that the courts had been slow to process election petitions, Principal Judge Shabaan Lila assured participants that it won’t happen again this time because of preparations in handling cases.
These include training of up to 84 judges for the same.
