THE High Court of Zanzibar has postponed delivering a ruling in a case filed by the opposition party ACT Wazalendo challenging a decision of the Zanzibar Electoral Commission (ZEC) to destroy sensitive election documents.

Salma Ali Khamis, the presiding judge, adjourned the ruling on Monday at the Tunguu High Court to Friday, February 13, after a legal dispute emerged concerning the lawyer who signed the affidavits submitted to the court on behalf of the claimants.

During the hearing, the court was informed that the affidavits had been signed by lawyer Usi Khamis Haji, who the state team says he did not hold a valid practising licence at the time he signed the documents. 

This assertion raised a serious legal question regarding the admissibility and validity of the affidavits, prompting the court to adjourn the matter to rule on this objection and then on the petition. 

Judge Salma told the court that more time was required to carefully examine and analyse the legal implications of the issue before any ruling could be delivered, as the court must ensure justice is administered in accordance with the law and established judicial procedures.

The case centres on an objection by ACT Wazalendo to ZEC’s decision to destroy election-related documents that were used during the late last year electoral process, citing possible compromising of legal rights, eliminating evidence that may be required in current or future election-related court proceedings.

The party says that the documents in question are of significant public interest and should be preserved until all legal challenges connected to the election have been fully resolved, as destroying the materials at this stage could undermine transparency and accountability in the electoral process.

Said Salum Said, the ZEC advocate, asserted in court that the decision to destroy the documents falls within the commission’s legal mandate, acting in accordance with the law governing the management and disposal of electoral materials. He therefore asked the court to dismiss the case.

The legal arguments presented by ZEC, as well as responses from the claimants, are expected to be further considered when the case resumes on 13th February, at which point the Court is expected to deliver its decision.

In the proceedings, ACT Wazalendo was represented by lawyers Rajab Abdallah Rajab and Suleiman Abdallahm, while the polls body legal team comprised state attorneys Said Salum Said, Muhamed Ame Muhamed, Mbarouk Suleiman Othman and Ali Issa Abdallah.