The High Court, Dar es Salaam Sub-Registry, has approved the application of three citizens to file a judicial review case aiming to challenge the 2024 local government election process.
However, the court rejected the application for an injunction to halt the ongoing election process under the 2024 regulations, which were enacted by the Minister of State, President’s Office for Regional Administration and Local Government (PO-RALG/TAMISEMI).
This decision, delivered on Monday, September 9, 2024, by Judge Wilfred Dyansobera, stems from case number 19721/2024, filed by three citizens—Constitutional Forum (Jukata) Director Bob Wangwe, Jukata Chairperson Ananilea Nkya, and Buberwa Kaiza.
They sought permission to open a judicial review case to challenge the 2024 local government election regulations and requested that the Independent Electoral Commission (INEC) oversee the election in accordance with the 2024 Independent Electoral Commission Act.
However, the respondents, the Minister of TAMISEMI and the Attorney General, filed objections to the application, asking the court to dismiss it, citing legal deficiencies and raising four key points of objection.
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In delivering the ruling on the objections, Judge Dyansobera agreed with the applicants’ arguments that the objections lacked legal merit and rejected the respondents’ claims. He dismissed all the points raised by the respondents, stating that they were not legally sound.
Nevertheless, the respondents’ legal team, led by the Solicitor General Mark Mulwambo and supported by Chief State Attorney Hangi Chang’a, Senior State Attorney Erighi Rumisha, and State Attorneys including Ayoub Sanga, opposed the application.
On the other hand, Judge Dyansobera rejected the application to suspend the implementation of the regulations issued by the Minister of TAMISEMI, stating that the request was not among the remedies sought by the applicants in the court documents they submitted. After reading the applicants’ affidavit and statement, the judge noted that the request to halt the implementation of the regulations was not part of their reliefs.
Speaking about the ruling, Chief State Attorney Deodatus Nyoni stated that they respect the decision and noted that the positive aspect is that the election process has not been halted as requested by the applicants’ lawyers. He mentioned that they are now awaiting the next stage of the judicial review case to be presented by the applicants.
“When you look at the situation, the application to halt the election process was not part of their primary request for permission that they brought to court,” said Nyoni. “So, our colleagues saw this as a fundamental part that could halt the election process.”
Jebra Kambole, speaking on the victory they achieved in court, expressed that although they still face some challenges, they have made progress.
“We see this case as important, and although we feel a bit delayed due to the government’s objections, we are fortunate that the court, after reviewing the objections, found them to lack merit and dismissed them,” said Kambole.
Ananilea Nkya, one of the applicants, a retired journalist and activist, said they filed the case on behalf of Tanzanian citizens. She emphasized that, according to the Constitution, Article 8, citizens are granted the authority to ensure election activities are supervised by the people.
“I want to tell Tanzanians that we stood on behalf of the people of Tanzania because, according to the Constitution, Article 8, we have been given the authority to ensure election activities are conducted by us to ensure that the elections are carried out with integrity to produce good leadership,” Nkya said while celebrating the court victory.
