Dar es Salaam. The Court of Appeal in Tanzania has ordered a constitutional hearing filed by Paul Kaunda, against the Speaker of Parliament and the Attorney General (AG), which was thrown into the objection.
The basis of the counsel is the move by the Speaker of Parliament at the time, Job Ndugai to bring him back to Parliament, Ndanda MP, Cecil Mwambe despite leaving his Democracy and Development Party (Chadema) and moving to CCM.
Kaunda, a high court attorney, complained that the Speaker's decision violated Article 71 (1) (e) of the Constitution which says the MP will cease to be a member of parliament if he leaves from the party that sponsored him to run for the position.
However, the case fought with the previous objection that, it was legal, it has no legitimacy or legitimacy. The objection was approved by a panel of judges, Issa Maige, Stephen Magoiga and Seif Kulita and cast the case.
Kaunda was dissatisfied with the decision and appealed that in the appeal ruling yesterday, March 7, 2025 in Dar es Salaam by a panel of judges Shaban Lila, Patricia Fikirini and Lameck Mlacha, where he won the appeal.
In the ruling, the judges have accepted the reasons for the appeal filed by the complainant saying the objection to the case had no legal arguments and did not qualify for the original objection.
“From what we have said, an appeal is accepted. We order that this counsel be heard as a constitutional counsel and a panel of other judges without delay, ”stipulates the judgment of the judges of the Court of Appeal.
In the constitutional case that will now be heard by a panel of other judges, the lawyer who is the complainant in the case states that in 2015 Mwambe was elected Ndanda MP for Chadema ticket.
He served as Ndanda's MP for the party's ticket until February, 2020 when he was alleged to have left Chadema and joined the Revolutionary Party (CCM).
According to documents in the case, it is alleged that after the move he stopped attending parliamentary sessions but later returned to parliament after being called by the Speaker, a move that was opposed by Chadema for writing a formal letter to the Speaker.
Chadema's Secretary -General, John Mnyika wrote a letter to the Speaker informing him that Mwambe had ceased to be a member of parliament after moving from Chadema to CCM and demanded that he stop paying him the right as a member of Parliament.
When the letter reached the Speaker, he came up and uttered the words: “I am surprised at the country because these words he said should be attached to Mr. Mwambe's letter confirming what he says. He did not attach. ”
“Secondly, Speaker I do not have a letter of Mwambe confirming that he has left the parliament in his own discretion and if this party has taken action, I have no attachments to show the legitimate sessions that made those decisions.
“So this letter is useless, it makes no sense and take this opportunity to tell all MPs including (together) CHADEMA MPs and others who are threatened there that you do not worry and not worry.
“You have the Speaker will protect you from the end. Information of oppression, patriotism has no place here. Do your jobs with confidence, trust in the people, do your jobs and don't worry, ”the end of the Speaker's quote.
The next day, Mwambe was quoted by various media including newspapers, television and radio as saying: “Of course I removed Chadema is no longer a member, I joined the CCM and resigned from my parliamentary position.
“But I have returned to parliament to obey the call of Mr. Speaker Ndugai who brought me back to parliament to end the remaining time, I am a member of the CCM but I have obeyed the Speaker's call,” explains the quotation in the documents.
In the case, the plaintiff states that he sees there is a constitutional issue that needs to be reviewed by the courts under Article 26 (2) of the Constitution of the United Republic of Tanzania as undergoing minor changes in 2002.
Kaunda urges the court that the statements made by the Speaker of recognizing Mwambe as a member of Ndanda when he moved to the party that sponsored and joined CCM violated Article 71 (1) of the Constitution.
He calls on the court to declare that Mwambe ceased to be Ndanda MP from February 15, 2020 when he joined CCM.
He also asks the court to declare that Mwambe should restore all the qualifications he has received from his move from Chadema to CCM.
The counsel was dismissed after the objection was approved by the court, so he appealed for two reasons.
One, the court was legally wrong when it stated that the counsel was useless.
The second reason is that when the Supreme Court was legally wrong when it decided the counsel did not apply to the constitutional issue that should be dealt with by the constitutional court and it was normal, it could be dealt with by a court review.
