Wakili wa Lema akiongea na Lema wakati wa mapumziko
Akiwa mahakamani
Baadhi ya watu wakisikiliza rufaa ya Lema
Akiwa anatoka mahakamani
Akiwa anaoneshwa sehemu ya kusimama ili aongee na watu
Hapo akabainisha kuwa alionewa ila anaamini Mungu yupo na pia haki haikutendeka maana ikulu waliingilia kazi yake.
STORY IN ENGLISH
By FRANK KIMARO
Consul for Former Arusha Urban Member
of Parliament, Godbless Lema, yesterday requested the court of appeal to quash
the high court judgment and set aside it`s decree nullifying the election
results of their client as Member of Parliament for Arusha Urban Constituency.
On 5th April this year, High
Court Judge, Gabriel Rwakibalila unsated Lema after holding that the Former MP
had committed illegal practices including using abusive language against CCM
candidate,Dr Batilda Burian during campaigning in 2010 general election .
Lema council, Tundu Lisu faulted such
findings when addressing judges of the appeal court claiming that the CCM
members who had petitioned to challenge the election results of which Judge
Rwakibalila relied in their evidence to give his judgement had no mandate of
doing so.
“The only proper person to
substantiate such defamatory was Dr.
Batilda and not the three petitioners as they were not the one defamed,” he
told a panel comprise of Justice Salum Massati, Natalia Kimaro and Justice
Bernard Luanda.
Supporting argument by Advocate Lisu,
State Attorney Timoth Vitalis appeared in court on behalf of Attorney General
told the judges that defamation is a total of person nature and the one who was
defamed was required to appear in the
court but surprising enough she didn`t.
In addition to that he said that among
the issues which were raised in high court against Lema includes resident
discrimination in which he was accused of speaking abusive words against CCM
candidate noting that kind of discrimination is not recognized by the law.
“There are four types discrimination according
to the law which are Gender discrimination, Racial discrimination, Religious
discrimination and Racial discrimination those others are not recognized by the
law,” he said.
However the lawyer for three CCM
members, Advocate Alute Mughwai requested the court to dismiss with cost the
appeal by the reason that grounds of appeal raised lacked facts and they have
no power to challenge the judgement of high court.
The
decision which is the subject matter in the appeal was given on April 5, 2012
by High Court Judge Gabriel Rwakibalira, declaring Lema's election in the 2010
General Elections null and void.Lema had polled 56,561 votes, leaving Dr
Batilda Burian, his closest challenger and a CCM candidate, finishing a distant
second with 37,460 votes. Dr Burian, a former Cabinet minister, is now
Tanzania's High Commissioner to Kenya.
His
victory was nullified after the court said it had been proven beyond any
reasonable doubt that the then Chadema candidate uttered defamatory remarks and
used abusive language against his CCM rival, Dr Burian.But later CHADEMA
appealed against the ruling claiming it was a "travesty of justice,"
citing that the alleged defamatory and abusive language said to have been used
by Lema against the CCM candidate, in the preceding campaigns had not been
proven.
The
opposition party claimed that such claims were not substantiated because the
victim, Dr Buriani, who contested with Lema, did not appear before the court to
corroborate them.