THE High Court in Dar es Salaam on Thursday rejected an application by ousted Member of Parliament (MP), Tundu Lissu to have the Speaker of the National Assembly temporarily barred from swearing in legislator-elect for Singida East constituency, Mr Miraji Mtaturu.
It is the first blow for the former MP of the constituency since he decided to knock doors of the court on August 7, 2019, in an attempt to challenge the decision of the Speaker to announce stripping him from being a member of the august House.
Advocate, Peter Kibatala, for the former constituency MP, had asked Judge Sirilius Matupa to allow the parties to lock horns on whether or not the court should issue the interim order pending hearing and determination of Lissu’s application for leave to apply prerogative orders against the Speaker.
In his short ruling, however, the Judge had this to say, “I have considered such prayer. It involved several constitutional and legal issues. I consider it reasonable not to determine the matter at the moment.
The same be resolved after hearing the main application for leave.” Following such decision, Judge Matupa ordered the hearing of the main application on August 23, 2019.
In the meantime, according to him, the respondents should file their counter affidavit and reply to Lissu’s statement for the leave sought on or before August 21, 2019.
While Tundu Lissu is the applicant in the application, the respondents are Attorney General of the United Republic of Tanzania and the Speaker of the National Assembly of the United Republic of Tanzania.
Apart from Kibatala, other lawyers representing Lissu in the application are Jeremia Ntobesya, Fred Alonda and Omary Msemo, while the respondents are represented by Principal State Attorneys Mark Mulwambo, Vicenty Tango, Alicia Mbuya and Lucas Malunde.