Zanzibar – The High Court of Zanzibar today, Jan. 27, 2026, dismissed 19 election petitions filed by the opposition party ACT Wazalendo, ruling that it lacks the jurisdiction to hear challenges to parliamentary election results from the Isles.
The decision effectively means that all such legal challenges must now be filed in the High Court of the United Republic of Tanzania on the mainland.
The ruling, delivered by Judge Haji S. Khamis, sustained a preliminary objection raised by the government, bringing an abrupt end to the legal challenges mounted by 19 opposition candidates following the general election held on October 29, 2025.
“The legal objection raised by the Respondents has merit and is hereby sustained,” Judge Khamis declared in his ruling, dismissing all 19 consolidated applications.
‘Constitutional setback’
In a swift and strongly worded response, ACT Wazalendo condemned the ruling as a “historic but regrettable decision” and a blow to Zanzibar’s dignity. The party announced it would not let the “injustice pass without being challenged” and has instructed its lawyers to file an appeal with the Court of Appeal of Tanzania.
READ MORE: ‘Flawed Process’: ACT Wazalendo Takes Electoral Commission to Court Over Special Seat Allocation
In a press statement, the party’s spokesperson, Salim A. Bimani, argued the decision effectively reduces Zanzibar to a mere province of the mainland.
“This decision drives a nail into the argument that Zanzibar is ‘just a region’ within the Union and not a country with full judicial authority,” the statement read.
“Zanzibaris are now forced to believe that if their votes are stolen or violated, their justice is not in Tunguu or Vuga, but in Dar es Salaam or Dodoma. This is deliberately restricting access to justice.”
The party further characterised the outcome as a “deliberate legal strategy to protect illegitimate winners,” arguing that the cases were dismissed on a technicality without any hearing on the substantive claims of vote theft and electoral irregularities.
Question of jurisdiction
The core of the legal dispute centred on a fundamental constitutional question: does the High Court of Zanzibar have the authority to adjudicate disputes arising from Union matters, specifically the election of Members of Parliament to the National Assembly of the United Republic of Tanzania?
READ MORE: High Court of Tanzania Grants Opposition Party Leave to Challenge INEC’s Special Seats Allocation
The government’s legal team, led by Senior State Attorney Narindwa Sekimanga, argued that it does not. They contended that Article 83 of the Constitution of the United Republic of Tanzania explicitly grants the High Court of the United Republic exclusive original jurisdiction over such petitions.
Conversely, the petitioners’ lawyers, led by Advocate Omar Said Shaaban, argued that the High Court of Zanzibar possesses unlimited jurisdiction under its own constitution and that forcing Zanzibari litigants to travel to the mainland for justice constitutes a denial of access to justice.
In his detailed ruling, Judge Khamis sided with the government’s interpretation, stating that while Zanzibar has its own High Court for local matters, parliamentary elections are a “Union Matter” governed by the Union Constitution.
‘Constitutional command’
“I am of the considered view that the Constitution has deliberately vested jurisdiction to hear and determine parliamentary election petitions in the High Court of the United Republic,” he wrote.
He dismissed the petitioners’ argument regarding access to justice as “not persuasive.”
READ MORE: In a Landmark Ruling, High Court of Tanzania Strikes Down State-Imposed Religious Authority
“The filing of election petitions in the High Court of the United Republic is a matter of what the law is, and not what it ought to be,” the judge stated. “Jurisdiction is a matter of constitutional command, not convenience.
“Therefore, I am of the view that directing litigants to the constitutionally mandated forum does not amount to a denial of access to justice but rather constitutes adherence to the rule of law.”
The petitions were filed by ACT Wazalendo candidates, including Mohd Khamis Busara, who contested and lost seats in 19 different constituencies across Zanzibar in the October 2025 polls.
The party had alleged widespread irregularities in the election, which saw CCM win 40 of the 50 available parliamentary seats.
