By-election in 23 wards: Here are the requirements to vie

TANZANIA: THE life of a human being is faced with numerous uncertainties, likewise, every human activity has its challenges. In a country’s administration there are various posts, hierarchies and several authorities, each with its unique terms and conditions upon which servants are obtained.

There are posts in public offices that require applicants to conduct interviews and secure jobs, there are vacant posts filled through elections and there are public offices positions where servants are nominated by authorities.

When a challenge occurs that causes an employee in a public office to lack qualifications to continue performing his or her duties, there are procedures to fill vacant posts according to the laws, regulations and various directives.

In regard to the elected leaders, the National Electoral Commission (NEC) has been entrusted with the responsibility under Article 74 (6) of the Constitution of the United Republic of Tanzania of 1977 to supervise and coordinate the conduct of the Presidential and Parliamentary elections in the United Republic of Tanzania and the conduct of the election of Councillors in Tanzania Mainland.

Election laws have also entrusted the Electoral Body with the responsibilities of filling vacant posts in various posts of elected leaders when the need arise.

In regard to the Councillors’ vacant posts, Section 13(1) of the Local Authorities (Elections) Act. Cap 292 requires that the Minister responsible with Local Government should write a letter to the Commission to inform about a vacant post or posts of Councillors after being informed by a Chairperson of a Council.

The Section also elaborates that reasons for vacancies include death and any other legal reason that nullifies the leadership of a councillor. The law also requires that the Commission issues a notice informing the public over a vacant post after receiving a letter from the Minister in question.

The Commission’s notice is issued in according to Section 13(3) of the Local Authorities (Elections) Act. Cap 292 which requires the Electoral Body to conduct councillors by-election at least twice in a year.In that vein, the Commission recently announced by-elections in 23 wards of Tanzania Mainland.

According to the timetable issued by the Commission in a statement signed by the Director of Elections of the National Electoral Commission, Mr Kailima, candidates will collect their nomination forms from 27th February to 04th March, 2024 and nomination will be on 04th March, 2024.Campaigns are slated for 05th to 19th March, 2024 and elections will be conducted on 20th March, 2024.

According to the statement, wards that will conduct elections with their councils in bracket include Kimbiji (Kigamboni Municipality), Kasingirima (Kigoma/Ujiji Municipality), Ndevelwa (Tabora Municipality), Msangani (Kibaha Town Council), Fukayosi (Bagamoyo District Council), Mlanzi (Kibiti District Council), Utiri (Mbinga Town Council) and Mbingamhalule (Songea District Council).

Others include Isebya (Mbogwe District Council), Kibata (Kilwa District Council), Mshikamano (Musoma Municipality), Busegwe (Butiama District Council), Nkokwa (Kyela District Council), Kamwene (Mlimba District Council), Chipuputa (Nanyumbu District Council), Buzilasoga (Sengerema District Council), Mhande (Kwimba District Council), Kabwe (Nkasi District Council), Bukundi (Meatu District Council) Mkuzi (Muheza District Council) and Boma, Mtimbwani and Mayomboni (Mkinga District Council).

In ensuring that there is a level playing field to all the candidates and political parties taking place in a particular election, the Electoral Body makes sure that the entire process starting with the nomination stage, campaigning up to the election stage is thoroughly coordinated and supervised in accordance with the Constitution of the United Republic of Tanzania of 1977, Election Laws, Regulations and the Electoral Body’s directives.

In the electoral process, NEC ensures that all the legal matters are adhered to, including the involvement of all election stakeholders through meetings and dialogues as well as inviting them to participate in the entire process, for example, Section 4C of the National Elections Act, Cap. 343 has given room to some stakeholders to participate in voter’s education under the coordination and supervision of the Commission.

The involvement of stakeholders to a large extent is aimed at assuring transparency, efficiency and fairness. As citizens in those areas are preparing to use their Constitutional right to vie for those posts, it is important to know the criteria to contest for the posts which requires the candidate to be a citizen of United Republic of Tanzania, who has attained the age of 21 and above, a member of a political party who has been endorsed by his/her political party, who is fluent in either Swahili or English, an ordinary resident of the respective area and has not been convicted by any court of law for evading government tax.

At the nomination stage, the Electoral Body in the slated day will nominate candidates who have been endorsed by their respective political parties and candidates will be required to submit their forms to the Commission office before the specified deadline.

To avoid errors that may repudiate a person wishing to run for the post a chance of being nominated, the Commission allows such a person to present his or her forms to the Returning Officer or Assistant Returning Officer three days before nomination day for inspection to see if all legal requirements have been observed.

At this time of by-election, it is important to emphasise on the prerequisites to be observed for a person to be nominated as a candidate in a respective ward.

According to regulation 25(4) of the Local Authorities (Councillors’ Elections) Regulations of 2020, the Returning Officer or Assistant Returning Officer has the responsibility of nominating a person who has thoroughly filled form No. 8C of nomination and form No. 10 of election code of ethics.

Form No. 8C must be filled in capital letters but only one name will be written in capital letter in a ballot paper, therefore, a candidate is required to write first a name that he/she wants to appear in capital letters on the ballot paper. It should be remembered that, some candidates have in many cases attempted to raise objection over fellow candidates in the guise of names not following a particular order, this according to law is not a fault and does not eliminate a candidate.

In a nomination form, guarantors’ names must be filled in a chart and submitted to the Returning Officer or Assistant Returning Officer with four coloured passport size photos.

The form must be submitted together with form No. 10 in which a candidate declares to respect and adhere to election code of ethics. A complete nomination form must be accompanied with the evidence of an endorsement from a political party, guarantors’ statement, candidates’ statement and the Returning Officer’s or Assistant Returning Officer’s endorsement.

The candidate is also required to post a bond of five thousand (5,000/-). Section 44(3) of the Local Authorities (Elections) Act. Cap. 292 states that an objection to the candidate vying for the post of a councillor may be made by another candidate in the ward or the Register of Political Parties or Returning Officer or Assistant Returning Officer of his own motion and is made in writing, signed by the objector with clear reasons for objection through Form No. 9C. The objection is heard and decided by the Assistant Returning Officer.

After having received the objection and decided on it, the Assistant Returning Officer must inform the Returning Officer over the ruling in a bid to crosscheck and see if the legal requirements were observed or not.

Returning Officer can reverse the decision made by Assistant Returning Officer if deemed that the legal requirements were not observed.

Section 44(5) of the Local Authorities (Councillors) Act. Cap 292, allows candidates to appeal to National Electoral Commission against the Returning Officer’s decision.

The Electoral Body receives and decide on the appeals, the decision is final and conclusive, and cannot be challenged in any court of law. However, if a candidate feels offended and is not satisfied, he/she can go to court after the election has been conducted and the winner declared.

The Writer of this article is the Principal Information Officer at the National Electoral Commission.