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Monday, November 2, 2015

Zanzibar in fear as law society says annulment of results void


Opposition supporters gesture as they chant slogans outside the headquarters of the Civic United Front (CUF) in Zanzibar on October 30, 2015. PHOTO | TONY KARUMBA |  AFP
By CHRISTOPHER KIDANKA
In Summary
  • The cancellation prompted the observer missions and key development partners to pressure ZEC to proceed with the announcement of the winner to avert political crisis and possible bloodShare
Amina Yusuf Mohammed peddles street food locally known as urojo at Forodhani in downtown Zanzibar. The mother of two now wonders whether things will be back to normal as the political climate heats up following last week’s poll annulment.
She recalls how things went sour back in 2001 when post-election violence erupted claiming the lives of over 60 people. Out of the 520 people who fled Zanzibar to Shimoni in Mombasa, 320 went to Somalia, and only 38 returned voluntarily on July 6, 2012, according to the UNHCR.
“We are all frightened about what could happen in the next few days,” she said.
On Wednesday, October 28, the people of Zanzibar were expecting the Zanzibar Electoral Commission (ZEC) chairman, Jecha Salim Jecha, to announce the winner of the presidential election. But he came out with shocking statement:
“I, Jecha Salim Jecha, exercising the powers bestowed in me, declare all election results null and void… a fresh election will be conducted on a date to be announced later.”
The cancellation prompted the observer missions and key development partners to pressure ZEC to proceed with the announcement of the winner to avert political crisis and possible bloodshed.
Four observer missions — the African Union, the European Union and SADC — have issued statements calling on ZEC to identify what went wrong and rectify it instead of nullifying the results, which is likely cause tension.
Mr Jecha said he had annulled the entire results, citing gross irregularities.
He mentioned the irregularities as misunderstanding among ZEC commissioners who wanted to resort to a physical fight during the commission’s meeting and “were behaving more as representatives of their parties than commissioners of ZEC.”
He mentioned other reasons as the presence of polling stations in the CUF stronghold of Pemba that had more voters than those registered in the register.
Mr Jecha said ZEC was informed that some ballot boxes were removed from the polling stations and the tallying was done somewhere else while some agents of political parties were denied access to the polling stations.  The other reason was that Civic United Front (CUF) assumed the role of ZEC and declare dits candidate a winner.
The politically fragile Isles of Zanzibar may plunge into political chaos after the CUF presidential candidate, Seif Sharif Hamad protested the annulment, and James Mbatia, Ukawa coalition co-chair, charging that the annulment was because the opposition had won.
The Ukawa coalition, wants mainland election also anulled, saying it cannot be free of Zanzibar irregularities “because the two election are conducted in parallel.”
Mr Hamad claimed that the decision to annul the results came after ZEC’s effort to rig the election in favour of CCM candidate proved futile.
He said he does not recognise the cancellation and the tallying should continue and the true winner be declared
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The five-time presidential contestant said the decision to annul the result was the chairman’s personal decision, addinghe did not consult his colleagues and so it was null and void.
Early last week, the CUF presidential candidate issued a statement saying he had seen the poll results, which gave him victory over CCM’s incumbent president, Dr Ali Mohamed Shein and urged Mr Jecha to announce the results without delay.
He urged President Jakaya Kikwete to facilitate a smooth transition of power in order for peace to prevail.
“We urge the sitting president to concede defeat as we did in 2010,” said Mr Hamad in a statement that went viral on social media.
According to the Zanzibar Constitution of 1984, announcing poll results is the sole responsibility of the ZEC.
But CUF deputy secretary-general Ismail Jussa said that what Mr Hamad did was only to release figures he got from his agents and that he did not declare himself winner.
Legal experts say the annulment of the Zanzibar election, which was done parallel with that of the Union, cannot leave the latter irregularity-free, and, so the Union election which has seen CCM’s Dr John Magufuli declared winner, should also be canceled.
But National Electoral Commission chairman, Judge Damian Lubuva was quick to clarify. He said the two elections are done under two separate laws and supervised by two different independent bodies, the ZEC for Zanzibar and NEC on the mainland.
Zanzibar Law Society (ZLS) said the decision to annul the results contradicts earlier announcement of some of the results in 31 constituencies out of the total 54 by the same commission, terming the decision a legal blunder.
ZLS president Awadh Ali Said said that according to Zanzibar Constitution of 1984 article 119(10), ZEC as a body has to reach its decision through consultations and in agreement with a quorum made up of the chairman or his deputy and not less than four commissioners.
He said the decision did not pass through this procedure.
Additional reporting by Erick Kabendera

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