The recent preliminary judgement issued by the High Court in the case filed by the expelled eight Civic United Front (CUF) legislators does not, in any way, direct Parliament to reinstate them into their seats, the Office of Clerk of the National Assembly has officially stated.
According to the statement issued
yesterday by the Office of Clerk of the National Assembly, the High
Court-Dar es Salaam Zone- issued its preliminary judgment on November 10
in the Civil Application No. 474 of 2017 targeting CUF’s board of
trustees and the party’s management.
The preliminary judgment ordered the
respondents (the board of trustees and the management) into the civil
case to suspend an implementation of the expulsion order of the eight
legislators.
In the preliminary judgement, the High
Court also prevented the respondents from discussing any matter related
to the membership of the plaintiffs until the High Court made its ruling
on the basic case.
A preliminary judgment is simply a
tentative judicial assessment of the merits of a case or any part of a
case, based on the same sorts of information that the court already
considers on motions for summary judgment.
“The case was filed by the eight CUF
Members of Parliament on Special Seats to contest their sacking by the
party and, according to court documents, the final verdict into the
basic case is yet to be made,” the statement from the Clerk of the
National Assembly, Mr Stephen Kigaigai read in part.
The statement added: “It should be
understood that there is no place in the preliminary judgment where the
High Court wants the sacked legislators to be reinstated to their
parliamentary seats.”
According to the statement, wrong
interpretations of the High Court’s judgment are being made by some
individuals and media with false information circulating in public
domain that the eight politicians have been reinstated to their
parliamentary seats.
Mr Kigaigai said in the statement that
the eight former MPs wrote to him, wanting to be informed on the
modality of their reinstatement to their parliamentary seats. “We would
like the public to take note that the posts left behind after the eight
MPs were stripped of their party membership were filled in by the
National Electoral Commission (NEC) as per the law, and the new MPs who
replaced the fired CUF legislators are going about their parliamentary
duties,” the statement read.
It would be recalled that in July this
year, CUF National Chairman, Prof Ibrahim Lipumba, fired from the party
eight Members of Parliament on special seats for gross misconduct. The
MPs are Severina Silvanus Mwijage, Saum Heri Sakala, Salma Mohamed
Mwassa and Riziki Shahari Ngwali.
Other evictees were Raisa Abdallah
Mussa, Miza Bakari Haji, Hadja Salum Ally and Halima Ali Mohamed. Having
the eight MPs lost their seats in Parliament after being stripped of
party membership; NEC announced a new list of eight legislators who were
sworn in in September.
The list included Alfredina Apolinary
Kahigi, Kiaza Hussein Mayeye, Nuru Awadhi Bafadhili, Rukia Ahmed Kassim,
Shamsia Aziz Mtamba, Sonia Jumaa Magogo and Zainab Mndolwa Amir. The
expelled MPs were victims of the party conflict pitting its National
Chairman Prof Ibrahim Lipumba and Secretary-General, Maalim Seif Sharrif
Hamad.
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