Dar es Salaam. In a landmark decision Thursday, the High Court of Tanzania overturned the disqualification of opposition presidential candidate Luhaga Mpina, ruling that the Independent National Electoral Commission (INEC) acted unconstitutionally and violated his and his party’s right to be heard.
The ruling, delivered today, September 11, 2025, orders the electoral commission to allow Mpina, of the ACT Wazalendo party, to be registered as a candidate for the October 29 general election, giving the left-leaning party a significant victory, and bringing forth a major development in what has been a contentious election season.
The High Court’s judgment was a strong rebuke of the INEC’s handling of Mpina’s candidacy. The court declared that the INEC is an independent body and is not obligated to follow orders from any other government institution, including the Office of the Registrar of Political Parties, which had initially ruled against Mpina’s nomination.
The court found that the INEC’s decision to disqualify Mpina without a proper hearing was a violation of his constitutional rights.
The court’s ruling stated: “We declare that the Independent National Electoral Commission denied the petitioners an opportunity to be heard and that the letter from the Independent National Electoral Commission is unconstitutional, and has no legal force.”
As a result, the court ordered that Mpina be given the “earliest possible opportunity” to submit his nomination forms and that the registration process continue from where it was halted on August 27, 2025.
Mpina, a former government minister, was disqualified in late August after the electoral commission acted on the Party Registrar’s letter informing INEC that Mpina’s nomination was null and void, citing procedural irregularities in his nomination by the ACT Wazalendo party.
The complaint, brought by a party member, claimed Mpina had not been a member long enough to be eligible for the presidential ticket. Mpina had defected from the ruling Chama Cha Mapinduzi (CCM) party just weeks before his nomination.
ACT Wazalendo had maintained that the disqualification was a politically motivated move to eliminate a viable challenger to incumbent President Samia Suluhu Hassan. The court’s decision to reinstate Mpina will be seen as a validation of their position and a significant check on the power of the ruling party and state institutions.
The disqualification of Mpina was the latest in a series of events that have raised concerns about the fairness of the upcoming election. In April, the main opposition party, CHADEMA, was also disqualified from the presidential race.
READ MORE: CCM Dissident Luhaga Mpina Joins ACT-Wazalendo After Exclusion in Party Primaries
The party’s leader, Tundu Lissu, is currently detained and facing treason charges. These developments have led to accusations that the ruling CCM is using state institutions to eliminate any meaningful opposition and ensure a victory for President Samia, a charge both of them strongly deny.
The High Court’s ruling has injected a new level of uncertainty and excitement into the presidential race. With Mpina back in the running, the opposition has a prominent figure to rally behind.
The decision is also a significant moment for Tanzania’s judiciary, demonstrating its independence and willingness to uphold the constitution in the face of political pressure.
As the country heads towards the October 29 election, the political landscape has been dramatically altered. The reinstatement of a key opposition candidate is expected to energise the campaign and provide a more competitive electoral environment.
