Dodoma – The Court of Appeal here began hearing a critical revision application from the main opposition party, Chama cha Demokrasia na Maendeleo (CHADEMA) on Tuesday, which seeks to overturn a High Court injunction that has barred it from conducting any political activities since June 2025.
The high-stakes legal battle, which commenced on March 24, 2026, centres on an injunction issued by Judge Hamidu Mwanga. This order effectively froze the party’s operations and assets ahead of the October 2025 general elections.
The party’s legal team, led by Chief Counsel Dr Rugemeleza Nshala, presented arguments challenging the legality and constitutionality of the ban. They addressed four consolidated revision applications (Civil Revision Nos. 1, 2, 3, and 4 of 2026) stemming from a dispute initiated by former party officials.
The original lawsuit was filed by Said Issa Mohamed, the party’s former Vice Chairperson for Zanzibar, alongside two trustees. They alleged unequal distribution of party resources between the mainland and Zanzibar.
Speaking outside the court after the hearing, Dr Nshala detailed the party’s core arguments against the injunction. He contended that the High Court’s orders violated fundamental constitutional rights to political participation.
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“The injunction orders issued completely violated the constitutional rights of the people, as there are Court of Appeal decisions, such as the Augustine Lyatonga Mrema case, which state you cannot issue an injunction against a political party because citizens exercise their political rights through working within a political party,” Dr Nshala said.
The legal team argued that the High Court judge ignored binding precedents when issuing the sweeping ban. They maintained that the dispute should have been handled through the Registrar of Political Parties or filed as a constitutional case.
The party has also raised serious concerns about how the original injunction was granted. According to a letter sent by CHADEMA to the Chief Justice on February 23, 2026, the injunction was issued ex parte—without the party’s legal representation present.
The letter details that the party’s former counsel, Jebra Kambole, had withdrawn from the case to attend a funeral. Despite this, Judge Mwanga proceeded with the hearing and granted the injunction.
CHADEMA argues this move violated the right to a fair hearing and established legal precedents requiring courts to allow parties time to find new representation. Furthermore, the party contends that the underlying lawsuit is time-barred.
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The plaintiffs admitted their grievances dated back to 2016, yet the petition was filed in April 2025. This is well beyond the six-year limitation period for such civil claims.
The case has been marred by allegations of judicial bias. CHADEMA previously requested Judge Mwanga to recuse himself, citing his background as a former electoral commissioner for both the Zanzibar Electoral Commission and the National Electoral Commission.
Judge Mwanga dismissed the recusal application in July 2025, stating that past institutional roles do not legally necessitate recusal. However, critics argue this ignores the substantive test of whether a reasonable litigant would perceive bias.
The injunction’s duration has also been contested. While the law stipulates such orders should not exceed six months, the ban has remained in practical effect well past its December 2025 expiration.
Police reportedly used the expired order to block party activities as recently as February 2026.
The legal strangulation of CHADEMA occurred against the backdrop of a highly contentious political environment. The injunction prevented the party from participating in the October 29, 2025, general elections.
President Samia Suluhu Hassan secured another term in these elections amid widespread allegations of irregularities and deadly post-election violence. The party’s national chairperson, Tundu Lissu, remains detained on treason charges following his arrest in April 2025.
This has further crippled the opposition’s leadership structure. The ongoing legal battles have drawn international scrutiny regarding the state of multiparty democracy and judicial independence in the country.
Following the extensive arguments presented on March 24, the Court of Appeal judges indicated they would retire to write their decision. The court will notify the parties through the Registrar when the ruling is ready to be delivered.
