Dar es Salaam – Tanzania’s High Court has scheduled a pivotal hearing for Monday, September 29, 2025, to determine whether opposition figure Luhaga Mpina can be restored to the presidential ballot, after rejecting a government request for additional preparation time in a move that underscores the urgency of the electoral dispute.
The three-judge panel comprising Justices Frederick Manyanda, Sylvester Kainda, and Abdallah Gonzi dismissed the government’s request for a 14-day extension on Monday, September 22, granting only four days for the respondents to prepare their response to ACT Wazalendo’s constitutional challenge.
The hearing, to be conducted in person at the High Court’s Main Registry in Dodoma, will address Constitutional Case No. 24027 of 2025, in which ACT Wazalendo and Mpina are seeking a court order declaring the Independent National Electoral Commission’s (INEC) disqualification decision “null and void.”
The September 29 hearing represents one prong of ACT Wazalendo’s two-track legal strategy. In parallel, the party awaits a ruling on preliminary objections in Case No. 23617 of 2025, which challenges the Registrar of Political Parties’ decision to nullify Mpina’s nomination. That ruling is expected to be delivered online on Thursday, September 25, following a hearing before Justice Wilbert Chuma on September 22.
The outcome of Thursday’s preliminary ruling could significantly impact the broader constitutional case against the electoral commission, as both challenges address different aspects of the administrative chain that led to Mpina’s exclusion from the presidential race.
READ MORE: ACT Wazalendo Mounts Final Legal Challenge to Restore Luhaga Mpina’s Candidacy
ACT Wazalendo is arguing that INEC’s decision to remove Mpina from the ballot violates constitutional principles, national laws, and electoral procedures. The party seeks a court order that would compel the electoral commission to restore Mpina’s name to the list of presidential candidates for the October 29 election.
The case pits Mpina and ACT Wazalendo against both INEC and the Attorney General, highlighting the government’s direct involvement in the opposition figure’s exclusion from the presidential race.
Complex legal timeline
Mpina’s electoral journey has been marked by a series of dramatic reversals over the past month. The former livestock minister defected from the ruling Chama Cha Mapinduzi (CCM) party on August 6 and was nominated by ACT Wazalendo as their presidential candidate.
The Registrar of Political Parties nullified this nomination on August 26 following a complaint by 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. INEC complied with the court order on September 13, formally nominating Mpina and his running mate Fatma Abdulhabid Ferej.
READ MORE: Tanzania’s Electoral Commission Disqualifies Opposition Candidate Again Despite Court Order
However, the commission removed Mpina from the ballot again on September 15 after upholding an objection filed by the Attorney General, which cited the same registrar decision that forms the basis of the ongoing legal challenges.
Confidence
In a statement issued Wednesday by the Office of the Principal Legal Counsel, ACT Wazalendo expressed strong confidence in its legal position. “We continue to emphasise that we have great confidence in our arguments and our lawyers,” the party stated.
The party also extended gratitude to its supporters and concluded with its rallying cry: “We Struggle by Participating, We Participate by Struggling!” The defiant messaging suggests the party remains optimistic about the legal outcomes despite the complex procedural obstacles.
With the October 29 general election now just five weeks away, the timing of these legal proceedings has become increasingly critical. The court’s decision to reject the government’s request for additional preparation time signals judicial recognition of the electoral calendar’s constraints.
President Samia, who assumed office following John Magufuli’s death in 2021, is seeking her first electoral mandate as the CCM candidate. The systematic exclusion of opposition figures has significantly reduced competitive pressure on her re-election bid.
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.
