Dar es Salaam. The High Court of Tanzania on Thursday gave the government five days to explain why the decision of the Independent National Electoral Commission (INEC) to fail to nominate the presidential candidate from the opposition ACT Wazalendo party did not violate the Constitution, laws, and election regulations.
This step comes after ACT Wazalendo challenged the INEC’s move to prevent Luhaga Mpina from resubmitting his nomination form, citing a decision by the Registrar of Political Parties to nullify his nomination on claims that the process to appoint him violated the party’s own guidelines.
Based on the press release from ACT Wazalendo dated August 28, 2025, which described the court’s decision as “crucial,” the High Court, which heard the case virtually, rejected the government’s application for a 14-day extension to file its response, granting them only five days to do so.
“The court has stated that even though the nomination exercise ended yesterday, August 27, 2025, if it is satisfied that the commission violated the Constitution, laws, and regulations in preventing Mpina from resubmitting his form, it will not hesitate to grant him the opportunity to resubmit the form and be nominated to run for the presidency of Tanzania,” the statement added.
Seventeen parties returned nomination forms to INEC on Wednesday out of the 18 that collected the forms. The 18th is ACT Wazalendo, whose candidate was excluded from the process.
Key legal arguments
In its petition, the party argues that INEC’s actions violated fundamental principles of due process and fair hearing.
READ MORE: Tanzania’s ACT Wazalendo Petitions Court to Reinstate Its Nullified Presidential Candidate
It contends that the electoral commission made a decision that adversely affected the political party and its presidential candidate without first consulting them or providing an opportunity to respond to the Registrar’s concerns.
This, they argue, constitutes a breach of constitutional rights to fair hearing and participation in the democratic process.
ACT Wazalendo further challenges INEC’s legal authority to prevent a duly nominated candidate from submitting completed nomination forms based solely on external directives.
They argue that the commission lacked both constitutional and statutory authority to bar their presidential candidate from the nomination process without following proper legal procedures, including affording the affected parties a hearing.
ACT Wazalendo seeks several declarations from the court, including recognition that INEC’s letter of August 26, 2025, was issued unlawfully and unconstitutionally.
READ MORE: A Tale of Two Letters: Registrar’s Divergent Responses Fuel Claims of Political Bias
They are requesting the court to declare the electoral commission’s actions as violations of constitutional provisions relating to equality, non-discrimination, and the right to participate in public affairs.
The party is seeking immediate injunctive relief to prevent INEC from finalising the nomination process pending the court’s determination of the constitutional issues raised.
They have also demanded compensation of Sh100 million for what they describe as violations of their constitutional rights and the emotional distress caused to their presidential candidate.
The case will return to court on September 3, 2025, where the government will be expected to present its responses to the arguments raised by ACT Wazalendo. This will then enable the court to issue its ruling on this matter, which is being followed with mixed emotions by Tanzanians and other observers of Tanzania’s developments.
