Sepreme court denied RPC to Answer a question from Lissu

Resident Magistrate's Court Magistrate in Dar es Salaam holding down this person first witness in the trial MP for Singida East, Den Lissu and three colleagues, answering a question concerning the constitutional mandate of the Chairman of the Zanzibar Electoral Commission (ZEC), cancel the elections held on October 25, 2015. According to Chief Resident Magistrate, Thomas Simba, the question of Lissu lack credibility.

Lissu asked the witness, who is the commander of the police Ilala Regional Police, Salum Hamduni that, Jecha Salim Jecha has constitutional authority would cancel the elections held on October 25, 2015.

Commander Hamduni Lissu asked if he knew what the constitutional mandate that the chairman of the ZEC, Jecha he used to delete the general election of councilors, MPs and the President.

Attorney, Paul Kadushi has claimed that the witness had gone to court to give evidence about information that is not providing legal interpretation of the Constitution of Zanzibar.

Kadushi claimed opposes his witness to answer the question that the Chair of ZEC has the authority to cancel the elections or not and explain that the witness has no knowledge of the law and not a specialist of the Constitution and the law.

'' I oppose the witness to answer the question which essentially requires to interpret the law, which is not lililomleta has no legal expertise. However, this court has no authority to interpret the Constitution unless it is a constitutional court and the supreme court that is competent, '' claimed Kadushi.

Lissu opposed these arguments with the explanation that objection of attorney does not mean because the issue of jurisdiction is valid or not valid for Zanzibar coordinated by the prosecution itself, as the charges the next in this case stated that the information published ingeweze bring hatred for Zanzibaris hate their country.

He claimed that issues the authorities have brought themselves should deal with it, to be the Evidence Act number 147, subsection two and Law number 157 of that law, is exerting clear that the witness can be asked any question that is not necessary to be in what he chokitolea evidence .

Simba said Judge, Magistrate's court has no authority to talk about the Constitution of Zanzibar.

He said the court in this case will deal with the merits or lack valid for the ZEC chairman, Salim Jecha delete or undelete Zanzibar elections.

"Objection prosecution who oppose the constitutional issues which the member was asking the witness about Jecha has what authority constitutionally cancel the elections held on October 25, 2015, is signed by a witness is not required to answer that question," said Judge Simba.

Lissu has claimed the decision not utamuathiri and that he agreed with them that does not ask that question to the witness so get on with the evidence.

Simba judge has adjourned the case until March 8 and 9, this year and asked the prosecution to send witnesses to the case ended with that many people continue to pursue it shut and development activities.

The other defendants in this case is the editor of dawn, deep Simon, author of the paper, Jabir Idris and publisher of Company Jamana, Ismail Mehboob.

Claimed between January 12 and 14, this year, Dar es Salaam, aimed at bringing hatred for the people of Zanzibar, Jabir, depth and Lissu, jointly write and publish reports stimuli have a headline that says, "Chaos is coming Zanzibar '.

In the charges against Mehboob, he alleged that, on January 13 in building Jamana, Dar es Salaam, he published a magazine that was rising and inflammatory statements, he also published a magazine without submitting an affidavit to the Registrar of Newspapers.