ACT-Wazalendo presidential candidate Luhaga Mpina is now expected on the campaign trail after the party’s appeal against nullification of nomination by the Independent National Electoral Commission (INEC) was overruled by the High Court yesterday.

The former parliamentarian and one time cabinet minister returned as ACT-Wazalendo presidential candidate for the October 29 polls, while the Zanzibar Electoral Commission (ZEC) similarly approved First Vice President Othman Masoud Othman as the party’s candidate for the Zanzibar presidential election.

ZEC flagged off 11 presidential candidates to compete, including ACT Wazalendo, a development that received far less airtime as it occurred at the same time as the landmark ruling in Dodoma, where a three-judge panel led by Judge Abdi Kagomba reaffirmed the candidate\s constitutional right to submit his nomination forms like any other candidate.

The court directed INEC to reopen the process for Mpina to submit his forms in accordance with the law, asserting that INEC's decision to prevent Mpina from returning his nomination forms was unconstitutional.

It similarly underlined that INEC as an independent body should not accept or act on directives from government agencies, while avoiding to rule on the issue of compensation as requested by the candidate.

The legal challenge stemmed from a claim by the party’s publicity secretary for Dar es Salaam Region, Monalisa Ndala, who petitioned that the party leadership had infringed on provisions relating to the nomination of a presidential candidate when it picked the former Kisesa MP August 27.

She told the polls Registrar of Political Parties that of the requirement that a new party member must be registered for at least seven days to be eligible to run for office, a condition Mpina had not met.

Omari Said Shaaban, the party’s legal chief, refuted the claims, stating that Mpina formally joined the party on July 29 after being axed from contesting for his Kisesa constituency.

Earlier reports affirmed that the petitioner cited a 30 days membership requirement, while the court papers talked of seven days, which was consonant with Mpina collecting his nomination forms on August 4.

“The presumptive candidate had fulfilled all constitutional requirements. There was no violation of the party's constitution or any other law," the judge asserted.

The Zanzibar presidential candidates were approved after they successfully completed the nomination process, which included securing at least 200 sponsors in each of Zanzibar's five regions.

One of the candidates is a woman, standing for NCCR-Mageuzi, announced at the ZEC offices in Maisara and immediately moving to start their campaigns.

ZEC listed Dr. Hussein Ali Mwinyi (CCM), Othman Masoud Othman (ACT-Wazalendo), Juma Ali Khatib (ADA Tadea), Hamad Ibrahim Muhamed (UPDP), Ameir Hassan Ameir (Makini) and Said Soud (AAFP).

Others are Lela Rajab Khamis (NCCR Mageuzi), Hassan Juma Salum (TLP), Khamis Faki Mgau (NRA), Hamad Rashid (ADC) and Mfaume Khamis Hassan (NLD).

In a rare goodwill gesture, ZEC has provided each of the approved candidates with a campaign vehicle, a driver and security detail for the duration of the campaign period.

While 17 candidates initially collected nomination forms, five failed to return them, meanwhile as the Civic United Front (CUF) presumed candidate Hamad Masoud was disqualified for not meeting the requirement of securing 200 sponsors in each region.

Shafii Hassan Suleiman, a DP candidate who failed to return his forms, cited the strict requirement for sponsors as a major obstacle. "Not every voter has a political party card; some only have a voter card," he said.

Electoral laws need to be relaxed for future elections to ensure all candidates have a fair chance to compete, he added.