Dar es Salaam – The Tanganyika Law Society (TLS), the mainland’s bar association, has filed a landmark constitutional petition against the Tanzanian government, challenging the legality of a controversial five-day curfew imposed in Dar es Salaam following the contested October 29, 2025, General Election.

The TLS, led by President Boniface Mwabukusi, filed the originating summons at the High Court, naming the Inspector General of Police (IGP) as the First Respondent, alongside the Attorney General and the Commission for Human Rights and Good Governance (CHRGG). The case, which is expected to address issues of mass human rights violations, is slated to be heard by Judge Elizabeth Mkwizu.

The core of the legal challenge is the claim that the order, issued by the IGP on October 29, 2025, at 5:00 PM and revoked by President Samia Suluhu Hassan on November 3, 2025, was issued without any backing of the law and effectively usurped the President’s powers to declare a State of Emergency. 

The petition alleges that the curfew—which commanded residents to be indoors by 6:00 PM for what was vaguely termed a “Special Duty” (Kazi Maalumu)—did not legally constitute a curfew and was implemented across the country despite being officially limited to Dar es Salaam.

Human rights violations

In its submission, the TLS documents several grave consequences of the security crackdown. Crucially, the petition asserts that the enforcement of the order resulted in the death of a member of the legal profession, Advocate Peter Elibariki Makundi, who was allegedly killed by police officers between 6:30 PM and 8:00 PM.

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The filing highlights a series of alleged constitutional breaches, asserting that the curfew violated fundamental human rights, including the right to life (Article 14), the right to liberty and freedom of movement (Articles 15 and 17), the right to dignity, and protection from inhuman treatment (Articles 12 and 13(6)(e)). 

Furthermore, the petition claims the order unlawfully curtailed the right to work (Article 22) and the freedom of religion (Article 19).

The TLS argues that the order was disseminated without sufficient public notice, being issued one hour before its enforcement during a widely reported internet shutdown that had marred the post-election period. This lack of communication, coupled with the nationwide implementation of a Dar es Salaam-specific order, allegedly exposed a vast, uninformed segment of the public to violence.

Call for independent inquiry

In addition to seeking a declaration that the curfew order was unconstitutional, the TLS is demanding that the High Court appoint and commission a seven-member, independent and impartial inquiry team. 

The proposed team would include representatives from the African Commission on Human and Peoples’ Rights, the Tanganyika Law Society, the United Nations Human Rights Council, and the Commonwealth of Nations.

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This court-appointed inquiry would be tasked with providing a standard, comprehensive account of human rights violations, fatalities, arrests, and injuries that occurred during the “dark days” of the curfew. 

This move contrasts sharply with the Commission of Inquiry launched by President Samia Suluhu Hassan herself on November 20, 2025, to investigate the unrest, which critics have suggested lacks independence.

The TLS petition further criticises the Commission for Human Rights and Good Governance (CHRGG) for allegedly failing to “effectively, proportionately and properly perform its constitutional and legal function to protect human rights” during the period of unrest.

The petition also draws attention to the failure of the curfew order to accommodate vulnerable populations, including essential service workers, homeless people, persons with disabilities, and street vendors, who were unable to promptly comply with the short-notice decree.