Dare es Salaam – The opposition ACT Wazalendo party will pursue two separate High Court hearings on Monday in a bid to restore the electoral eligibility of Luhaga Mpina, whose disqualification has become the focal point of a bitter legal and political battle ahead of Tanzania’s October 29 general election.
The party announced on Sunday that the High Court will hear Constitutional Case No. 20027 of 2025 at 9:00 AM before a three-judge bench, whilst a separate case challenging the Registrar of Political Parties’ decision will continue before a single judge the same day.
The dual legal strategy comes after the Independent National Electoral Commission (INEC) disqualified Mpina for a second time on September 15, removing him from the ballot just two days after formally nominating him in compliance with an earlier High Court order.
The morning session will see Justices Syvester Kainda, Fredrick Manyanda, and Abdallah Gorzi hear the constitutional challenge to INEC’s decision to remove Mpina from the presidential candidates list. This case directly challenges the electoral commission’s September 15 ruling that upheld an objection filed by the Attorney General.
Separately, Justice Wilbert Chuma will continue proceedings on Case No. 23617 of 2025, which challenges the underlying decision by the Registrar of Political Parties that has been used to justify Mpina’s exclusion.
READ MORE: Tanzania’s Electoral Commission Disqualifies Opposition Candidate Again Despite Court Order
This case was initially heard on September 16, with the court ordering respondents to file responses by September 18 and applicants to file replies by September 19. Monday’s hearing will focus on “further clarification of the arguments presented” before the court sets a date for issuing an interlocutory ruling, ACT Wazalendo said.
Mpina’s candidacy has followed an extraordinary trajectory over the past month. The former livestock minister defected from the ruling Chama Cha Mapinduzi (CCM) party on August 6 and was subsequently nominated by ACT Wazalendo as their presidential candidate.
The Registrar of Political Parties nullified this nomination on August 26 following a complaint by former party member Monalisa Joseph Ndala, who argued that Mpina’s selection violated party procedures regarding membership duration requirements.
A High Court ruling on September 11 declared Mpina’s initial disqualification unconstitutional, finding that INEC had violated his right to be heard and exceeded its authority by following directives from the Registrar of Political Parties.
READ MORE: Tanzanian Opposition Candidate Faces Fresh Legal Challenge Despite Court Victory
INEC complied with the court order on September 13, formally nominating Mpina and his running mate Fatma Abdulhabid Ferej.
However, the commission removed Mpina from the ballot again on September 15 after upholding the Attorney General’s objection, which cited the same registrar decision that forms the basis of one of Monday’s court cases.
Monday’s legal proceedings will occur five weeks before the scheduled October 29 general election. President Samia Suluhu Hassan, who assumed office following John Magufuli’s death in 2021, is seeking her first electoral mandate as the CCM candidate.
The disqualification removes the most prominent challenger to President Samia, with ACT Wazalendo having positioned Mpina as a credible alternative to continued CCM dominance.
The development continues a pattern of opposition exclusion that has characterised the 2025 electoral cycle, with the main opposition party CHADEMA sidelined from the presidential race, and its leader Tundu Lissu facing treason charges.
Seventeen presidential candidates have been approved for the election following various disqualifications and objections. The formal campaign period began on August 28 and runs until October 28.
Despite the ongoing legal challenges, ACT Wazalendo has urged its candidates to continue with election campaigns in their respective areas. The party’s statement, issued by the Office of the Party’s Principal Legal Counsel, indicates they remain committed to participating in the electoral process whilst pursuing judicial remedies.
The dual court hearings on Monday represent potentially the final legal avenues for Mpina’s candidacy, with the constitutional case directly challenging the electoral commission’s authority to exclude him and the registrar case addressing the underlying administrative decision used to justify his disqualification.
