Several weeks ago, I reached out to a number of my friends to inquire, “Where are the elders of this nation?” I expressed my concern that, in light of numerous incidents of human rights violations, the elders had chosen to remain silent. However, I later realised I was wrong.
Listening to former Tanzania Prime Minister, Judge Joseph Sinde Warioba, on May 3, 2025, provided me with considerable perspective. Judge Warioba addressed a symposium organised by the Tanganyika Law Society (TLS) regarding the political situation ahead of this year’s general election. He underscored the critical need for political and legal reforms before the elections.
Judge Warioba commenced by saying that he wished for us to engage in a discussion about the current reality as we perceive it, in order to facilitate an environment conducive to free and fair elections. He noted that this year’s election is marked by increased tension.
To show the continuity of events within the nation, Judge Warioba indicated that he would reiterate the issues he had fronted over the past five years. He referenced his plea made in December 2020 following the general election, and again in 2024 after the local government elections, noting that the only distinction lies in the developments that have transpired since then.
In this piece, I will recount his key messages by quoting and reflecting upon the significant issues he highlighted.
Justice, fairness and peace
Judge Warioba opened his address by noting the emphasis placed on justice, peace, unity, and solidarity. While some advocate for justice, they may neglect the importance of unity, solidarity, and peace. Others focus primarily on peace, with insufficient regard for justice.
Some advocate for both justice and peace. Judge Warioba asserted that if these two principles, justice and peace, are not upheld during elections, the country may encounter serious challenges.
Judge Warioba started his discussion with Article 8 of the Constitution of the United Republic of Tanzania, which asserts that the foundation of state authority resides with the populace. Consequently, citizens must engage fully in the electoral process.
An election consists of two groups: voters and candidates. The Constitution delineates qualifications for both. Any citizen of sound mind aged 18 and above is entitled to the right to vote. Furthermore, any citizen of sound mind aged 21 and above is eligible to contest for public office, a principle rooted in a long historical context.
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Tanzania has a voting history extending over 65 or 66 years, he said. The inaugural election took place in 1958 and 1959, after constant calls and pleas to the colonial government. Before this, citizens were deprived of the opportunity to vote.
Legislation before 1958 precluded the majority of citizens from voting. Specific requirements necessitated that individuals hold a secondary education qualification and property valued at £400. Only a small fraction of the population met these criteria, resulting in widespread disenfranchisement.
At that time, the population was approximately 9.4 million, with only about 40,000 individuals registered to vote. The intent of these measures was to exclude the majority from the electoral process.
Moreover, in Zanzibar, during the 1963 election, three major parties were in contention: the Afro-Shirazi Party (ASP), the Zanzibar Nationalistic Party (ZNP), and the Pemba People’s Party (PPP). The ASP garnered over 54 per cent of the votes; however, the remaining parties fell short of the half-mark. Despite this, the ASP secured only 13 seats, the ZNP obtained 12 seats, and the PPP six seats, a consequence of voter suppression.
To remedy this situation, the Constitution and electoral laws have undergone amendments to attain broader participation. Key qualifications for participation included age, citizenship, political party affiliation, and an unblemished legal record, such as the absence of tax evasion convictions. These provisions enabled citizens to conduct elections peacefully. This system functioned effectively until the 2019 election.
2019 electoral malpractice
In 2019, certain new procedures led to candidates being disqualified for strange reasons. Disqualifications were not based on constitutional or legal provisions. This sparked massive complaints.
Disqualifying a candidate from a particular party essentially barred that party’s supporters from participating. I do not believe, said Judge Warioba, even if there were regulations, that any rule stated, for example, if you wrote “DSM” instead of “Dar es Salaam,” you should be disqualified.
Imagine a retired teacher being told he was illiterate! It was clear that these were orders deliberately targeting one side, the opposition. In the past, petty irregularities were corrected, and candidates were allowed to participate in the election.
After many complaints, the government reassured the public that candidate disqualifications would no longer happen.
However, the 2020 election mirrored the challenges encountered in 2019. The public outcry was considerable. Assurance was provided that changes would be undertaken by 2024. Nevertheless, in 2024, the same issues arose, not dictated by laws, but by directives and the discretion of some people.
As we approach this year’s election, Judge Warioba cautioned that if we proceed carelessly, we may be sowing the seeds of disruption to our peace.
Efforts undertaken
Following the 2024 local government elections, numerous individuals reached out to Judge Warioba. They urged that they must exert their utmost efforts to avert these issues during this year’s elections and to pursue avenues for national dialogue and consensus.
However, this endeavour proved to be challenging. Some suggested that elders convene to reflect upon and provide guidance to the government and political parties; however, this approach was deemed unfeasible. Nevertheless, Justice Warioba undertook to engage all the parties.
On March 12, 2025, a ceremony was held in Dodoma for political parties to sign the election code of conduct. Judge Warioba indicated that he had not read the code prior to that event. Subsequent to the signing, it was announced that any party which declined to sign would be banned from participating in elections for five years.
CHADEMA chose not to sign. The Chair of the Electoral Commission proclaimed that it is banned from all elections for five years, effective immediately.
Judge Warioba requested the opportunity to review the Code. He realised that it stipulated that any party declining to sign it would be barred from elections; however, it did not specify a duration. This caused him significant concern.
When discussing the ban of a party from elections, it is essential to consider the broader implications. Electoral institutions focus on the parties, yet they often overlook the fact that within those parties are citizens. To punish a party is to punish millions of Tanzanians, reminding one of past instances of exclusion from participating in elections.
Even in Zanzibar, the origins of the revolution stemmed from the marginalization of individuals from decision-making processes. Thus, banning CHADEMA from participating in elections regresses us to the year 1958.
Judge Warioba asserted that this would precipitate complications and, hence, advocated for a return to dialogue. Encouraged by various stakeholders, both he and Mzee Joseph Butiku recognised the necessity for advocating consensus.
Discussions with Lissu
In February, Tundu Lissu visited Judge Warioba. Lissu elaborated on their stance of “No Reforms, No Election.” He articulated their reasoning and proposed, among others, the postponement of the elections to allow sufficient time for legal reforms, stating that any election conducted without such reforms would likely replicate the outcomes encountered since 2019.
Judge Warioba expressed sympathy for their concerns, valid concerns, but viewed the postponement of elections for two or three years as impractical.
He advised that it would be more advantageous to rectify the flaws from the elections of 2019, 2020, and 2024 and proceed with the election. He pointed out that in earlier instances, under the current frameworks, elections had been relatively fair. Major systemic reforms could be pursued thereafter.
Lissu did not immediately concur. Judge Warioba suggested he deliberate further with his colleagues.
Following CHADEMA’s exclusion from the election, owing to their refusal to endorse the Code, Judge Warioba convened with them in his office. He advised that while some of their demands were not feasible, others were attainable. He encouraged reflection, emphasising that it would not be beneficial for CHADEMA to abstain from participation.
Talks with INEC
Judge Warioba reached out to the chairperson of the Independent National Electoral Commission (INEC), articulating concerns regarding the denial of citizens’ right to engage in election, particularly CHADEMA supporters. CHADEMA was advocating for dialogue, urging the Commission to keep channels open.
The chairperson responded that the decision was conclusive. If there were any disgruntlement, the appropriate recourse would be to pursue legal action in court. Judge Warioba and Mzee Butiku contended that this was not a matter for the courts—it pertained to regulations that could indeed be modified. Nevertheless, the Commission proceeded to officially gazette the regulations.
Further attempts to meet the Commission proved futile, with the chairperson and his associates noting that they had been extremely busy.
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Judge Warioba and Mzee Butiku engaged with the ruling Chama cha Mapinduzi (CCM) through their Secretary-General, Dr Emmanuel Nchimbi. CCM acknowledged that some of CHADEMA’s demands were unfeasible, yet indicated that others could be subject to discussion. They were encouraged to persist in negotiations with all parties involved.
Situation deteriorates
Judge Warioba returned to CHADEMA. By then, the situation had changed. They had informed the police about a rally in Kariakoo six days prior, and they acknowledged they would supply them with security. But when they arrived at the venue, they were blocked, told the rally would cause unrest and disrupt business.
Judge Warioba asked: since when? Rallies had always been held in Kariakoo. Tundu Lissu and even the government had held rallies there. In the past, campaigns could happen anywhere. Small political parties would go where crowds were.
For example, he said, CCM used to do door-to-door campaigns. So, where did this ban on Kariakoo rallies come from?
Moreover, he noted that CHADEMA deputy chairperson (Tanzania Mainland), John Heche, was mistreated, arbitrarily arrested by police, driven around, and then dropped off late at night. CHADEMA called it abduction and torture. Nevertheless, Judge Warioba urged CHADEMA not to give up, to reorganise and continue talks.
Judge Warioba said the events that happened on April 24, 2025, saddened him greatly.
CHADEMA said Lissu’s case was a matter of public interest, and that people must participate. The government said that people going to court would disrupt other activities. What he saw on the day of the case did not give a good picture at all.
The government was afraid that if a large crowd came, there would be violence. But people came, and there was no violence. And this was not the first time Tanzania has had a case of public interest, Judge Warioba said. You would know in advance that many people would come to listen.
In their time, he said, whenever you saw a case of public interest, the court would look for a bigger venue. At the High Court in Dar es Salaam, if there was a public interest case, you would look for a large courtroom. If the hall was not big enough, you would find a way for people to follow the proceedings. Preventing people from going to court is part of the problem.
The role of the police is to protect citizens and their property, Judge Warioba noted. Normally, they do a good job. There are no major complaints in that regard. Problems start when the police are involved in politics.
In the past, in cases of public interest, the court would work with the police to organise the people. If many people came, they would be told there is no room and only a certain number would be let in, while others would wait elsewhere. But on 24 April, it was a confrontation, not a consultation. People were blocked at the gates regardless of whether there was space in the courtroom.
The police did not come to court that day in a peaceful manner. What happened on April 24 and 28 was that the police arrived in battle mode. It was like a battlefield. There were weapons, many vehicles, and a tone of police officers. They had guns, batons, dogs, and horses. That situation resembled a war zone.
It would have been completely possible to simply say there is no room, a few can enter, and others can be arranged for. Technology has advanced. They could even have set up screens for people to watch the proceedings of the court.
From the government’s side, they see it as preserving peace. CHADEMA sees it as oppression. I believe, said Judge Warioba, when it comes to court cases, procedures must be followed by the public. In every situation, the decision is for the court to make. But in this situation, the decision was made by the police. I think we need to return to proper procedures, he said.
But it went even further, and this is especially saddening and regrettable, he warned. It plants the seeds of future violence. That day, citizens were arrested at Kisutu, loaded onto police vehicles. They were taken away by the police. One would have expected them to be taken to the police station. But they were not taken to the police.
Their accounts claim they were driven around to different locations. Some were dumped in the forests at Mabwepande. Some had their legs broken, others their arms. And yet the police, despite all of this, claimed they had not arrested anyone. And they want to believe that no one was arrested!
Moreover, these people have spoken out. The issues they pointed out, the police have not denied that they happened. The police admit they arrested John Heche and John Mnyika, CHADEMA’s secretary-general. I do not know what law they used to arrest Heche and Mnyika while they were on their way to court, Judge Warioba wondered.
Heche was arrested at the Sealander Bridge. There is a police station there. He was sought all day at the stations and was not found. Later, when he was located, he explained that he had been driven around many areas of Dar es Salaam in a tinted vehicle. He was given neither food nor water. Eventually, they went to Oysterbay Police. It was decided he should be taken home. But the vehicle did not head there; his aides had to intervene, and he managed to escape from the police officers. The police have not denied Heche’s account.
We are old lawyers; perhaps procedures have changed, said Justice Warioba. But when you arrest a person, you must charge them. Do not drive around with them all day, then release them. So Mnyika has the same story. The police have not denied it. I said in 2020, and I am saying it again in 2024, that the police should not involve themselves in political activities, said Judge Warioba.
Lissu’s case proceedings
There are concerns about conducting Lissu’s case online. The government is disputing with the defence team. A ruling will be rendered in the coming days. But from what happened, said Justice Warioba, it seems as though the court is starting to be interfered with.
A few days ago, Judge Warioba said he was watching Parliament proceedings. He saw the Attorney General Hamza Johari defending the use of online court proceedings. This case is in court, yet the Attorney General goes to talk about it, defending their position, in Parliament.
Then he saw the Minister of Home Affairs, Innocent Bashungwa, giving reasons why the case is being conducted online. He explained that bringing Lissu to court would be akin to a protest and a breach of peace. He explained why and that the case should proceed online.
But, said Justice Warioba, it is essential to refrain from discussing matters that are before the courts. Discussing them is tantamount to the government applying pressure on the judiciary. If the court makes a decision, people will believe it is due to government pressure.
Fundamentally, when a case is being heard, justice must be done. Whatever the decision, it must be seen that justice is being done. Justice is not only on the government’s side. Any procedure used should be fair so both the government and the accused receive justice, said Justice Warioba.
In major cases, if a person is charged and cannot afford a lawyer, the government pays for one. They must have a lawyer, and that lawyer must consult with their client.
You charge someone with treason. If convicted, they are hanged to death. Now, Lissu’s case is conducted, and he is following the proceedings while in prison. He is not in court to consult with his lawyers.
In this case, the accused’s rights must be upheld. If it is not possible to bring him to court, then the court should go to him and hold the hearing in prison, said Judge Warioba. If we continue like this, we could descend into chaos, and peace will be shaken.
Appeals
Judge Warioba and Mzee Butiku reflected on offering advice, saying the country is in crisis. He added that it is a serious crisis. Therefore, the country’s leadership must recognise the gravity and take action.
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He added that we still have time to talk and reach a national consensus. The election process has not yet begun. It will start after Parliament is dissolved. If it is a matter of addressing irregularities that occurred in the past, we still have time.
If we agree, the rules can be changed. We can reach a consensus. Let us not proceed through confrontation. We are saying the President should take charge, added Judge Warioba.
These problems began with John Magufuli’s administration. When President Samia Suluhu Hassan came in, she took several actions. She convened political parties, and they held talks. We reached the Mukandala Recommendations. The country calmed down. Now, here we are again.
President Samia still has the opportunity to recognise the importance of reforms, call the relevant stakeholders, for them to sit and reconcile the differences. Each side must be willing to compromise to some degree, to see what agreement we can reach so we can go into elections peacefully.
Warnings
If we do not pursue reforms to the electoral system, what we have seen now will continue. People are claiming they have been harmed for political reasons. It will go on; when the campaign starts, the government will instruct the police to maintain peace and deal with anyone disrupting peace. CHADEMA will say, “No Reforms, No Election.” During that confrontational campaign, there will be harm.
We still have time. If there is political will, we will reach a consensus.
We underscore that when they meet, they should have people to advise them. We believe religious leaders could help resolve these problems. This is possible, I have personal experience with this, said Justice Warioba.
After the Constitutional Reform Commission, Judge Warioba said he was required to present a report in Parliament. On the first day, he did not present it, the MPs were divided. They had to bring both sides together. Religious leaders helped them reach a consensus.
He believes that if political leaders agree to meet, with advisors present, the nation can reach an agreement, people can participate in elections, and we can come through safely as a nation. If we don’t do so, we’ll head into a divided election, and anything could happen.
Our position is that the solution is at the negotiation table, not in the hostile language from both sides, which is dividing the nation.
Judge Warioba recounted that when he was studying at Tabora Secondary in 1962, a priest from Congo visited them. He told them about the violence in Congo and the song “We’ve won independence.” Other independence songs were popular. At that time, there was chaos.
For ordinary citizens, when they saw riots and heard songs about independence, they equated independence with chaos and war. The people in Congo asked: When will independence end?
Now here, we keep singing democracy, everything is democracy. But what we are doing is dividing citizens, instilling fear. People are being abducted, disappearing, and living in fear. I pray that we do not reach a time when a citizen asks: When will democracy end?
Judge Warioba concluded with a question we must deeply reflect upon and act upon.
Tito Magoti is a lawyer and human rights activist. He’s available at titomagoti@gmail.com or on X as @TitoMagoti.
