Dodoma — The Court of Appeal has delivered a landmark ruling quashing a High Court injunction that had barred the main opposition party, Chama cha Demokrasia na Maendeleo (CHADEMA), from conducting political activities.
The decision, delivered on April 15, 2026, effectively releases the party from a 309-day political freeze.
The ruling was issued by a three-judge panel comprising Justices Mwarija, Maige, and Mwampashi. The court exercised its suo motu (own motion) revisional jurisdiction after CHADEMA filed an administrative complaint with the Chief Justice alleging judicial bias and rights violations.
The dispute originated from a petition filed by Said Issa Mohamed, Ahmed Rashid Khamis, and Maulidah Anna Komu against CHADEMA’s Registered Trustees and General Secretary.
The petitioners had alleged unequal distribution of party resources between the mainland and Zanzibar, alongside claims of discrimination.
Irregularities
The Court of Appeal focused heavily on the procedural conduct of the High Court, particularly the decision by Judge Hamidu Mwanga to proceed with the injunction hearing after CHADEMA’s counsel had withdrawn.
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The appellate court found this to be a fatal error.
“It is a matter of established procedure that upon the discharge of an advocate from the conduct of a case, the court is duty-bound to adjourn the proceedings,” Justice Maige wrote in the ruling.
“A failure to adhere to this requirement constitutes a fatal irregularity, as it effectively deprives a litigant of the fundamental right to be heard.”
The bench concluded that proceeding in the applicants’ absence was a manifest denial of the right to be heard. This fundamental irregularity struck at the root of the decision, rendering the High Court’s rulings null and void.
Another critical issue framed by the Court of Appeal was the High Court’s failure to determine whether the original petition was time-barred before proceeding. CHADEMA had argued that the suit was filed beyond the statutory limitation period.
“We agree with Mr [Mpale] Mpoki [counsel for the applicants] that the question of whether a suit is time-barred is fundamental to a court’s competence, as no court has the jurisdiction to entertain an expired claim,” Justice Maige wrote.
“By proceeding without first confirming its jurisdiction, the trial court acted erroneously,” he added.
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The appellate court noted that there were no contentious factual issues that necessitated deferring the limitation point for evidentiary ascertainment. This failure was deemed a grave procedural irregularity that could not be sustained.
Orders
In its final decision, the Court of Appeal quashed the High Court proceedings subsequent to the discharge of CHADEMA’s advocate, including the ruling that granted the temporary injunctive orders.
The court sent the case back to the High Court with specific instructions. The preliminary issue about time limits must now be decided by a different High Court judge before the case can move forward.
To encourage reconciliation, given the intra-party nature of the dispute, the court made no order as to costs.
This ruling means CHADEMA is immediately free to resume all political activities and utilise its assets. The new High Court judge must first determine if the original case is time-barred; if so, the entire petition will be dismissed.
Party reaction
Following the ruling, CHADEMA vice chairperson (Tanzania Mainland) John Heche addressed journalists at the party’s headquarters in Dar es Salaam, accompanied by other senior party leaders as well as the party’s ranks and file.
For the first time since the injunction was imposed on CHADEMA, the party was able to use its offices in the Mikocheni area of Dar es Salaam—offices that police had previously blocked them from accessing, citing the court order.
The Chanzo witnessed CHADEMA members accompanying their leaders to the meeting with journalists, all in high spirits, singing victory and motivational songs.
Some female members were seen with brooms, cleaning the premises: offices that had been left to gather dust for nearly a full year while the party was banned from using them.
In his passionate speech to journalists, Mr Heche welcomed the Court of Appeal decision, comparing the party’s struggle to historical democratic movements.
“Our party has been released from prison, and in this regard, there is nothing new,” Heche told the press conference.
“A good example of parties that were attempted to be killed by the state but have the voice of the people, and it failed—the example we always use—is the ANC of South Africa, whose struggle resembles CHADEMA’s struggle in every way.”
Heche highlighted the negative impact the 309-day ban had on the country, particularly concerning economic issues like rising fuel prices. He argued that the absence of a strong opposition voice allowed such problems to escalate unchecked.
Next steps
With the ban lifted, Heche announced that the party would immediately resume full operations across all zones.
He also emphasised that the party’s primary focus would now shift to securing the release of their national chairperson, Tundu Lissu, who remains in detention following treason charges.
“Now our focus is to ensure our chairperson is released,” said Heche about Lissu, who on April 9 this year marked a year since he was arrested in 2025.
“That is the one thing we want. Our chairperson is not a traitor. Our focus and the focus of our members and our campaign is to demand that Honourable Tundu Lissu be released immediately.”
Heche said the party’s Central Committee is scheduled to meet on April 29 to outline further strategic directions.
Meanwhile, grassroots preparations are already underway as the party seeks to rebuild its momentum after nearly a year of enforced silence.
