Lawyer Boniface Mwabukusi. Photo:
Courtesy
By Adonis Byemelwa
The Tanganyika Law Society (TLS)
elections have erupted into controversy as Steven Kitale, the audacious
Chairman of the Lake Zone branch, has launched a high-stakes legal battle
against the society. In an explosive move, Kitale filed a judicial review case,
shaking the very foundations of the TLS.
Citing a lack of transparency and
adherence to legal protocols, Kitale’s case aims to halt the impending 2024
Annual General Meeting (AGM) and suspend the entire election process. This
unexpected turn of events has sent shockwaves through the legal community,
sparking intense debates about the society's governance and the integrity of
its electoral proceedings.
In a viral interview, Kitale revealed
that he has submitted case number 16018/2024 to the High Court in Mwanza,
presided over by Judge Athuman Matuma. Kitale is seeking court permission to
file for judicial review and a temporary injunction to halt the 2024 Annual
General Meeting (AGM), which is scheduled for next month in Dodoma.
Kitale's petition includes a request
to stop the election process, challenge the Election Appeals Committee's
decision to disqualify lawyer Boniface Mwabukusi from running for TLS
president, and suspend the elections until a decision on his application is
made.
"This case aims to highlight the
importance of transparency and adherence to the law in the election process.
Our goal is to ensure that everyone performs their duties according to the law.
No one should be above the law," Kitale stated.
Apart from Mwabukusi's disqualification,
Kitale's petition addresses the increase in registration fees for AGM
participants, from Sh118,767 and Sh 100,000 for online participants to Sh
200,000, a decision he claims was not approved by the society's leadership
council.
"I decided to file this case
after noticing a lack of transparency, especially in election matters and the
AGM. It was crucial to demand the right to access essential documents required
by law so that every member can participate fully and fairly," Kitale
emphasized.
According to Kitale, the failure of
TLS leaders and the Election Appeals Committee to follow procedures could harm
not only the society's operations but also members' trust in its leadership.
"I have requested the court to
issue an order to provide the necessary documents and to suspend ongoing
activities until justice is served. We need to be united and work together to
ensure our society operates according to our laws and regulations," Kitale
said.
The respondents in the case, which
include TLS, the Executive Director of TLS, the TLS Leadership Council, and the
Attorney General, have been served and are required to file counter-affidavits
at the High Court in Mwanza. The case will be heard on July 15, 2024, before
Judge Athuman Matuma.
Kitale mentioned that a letter requesting
the TLS Executive Director to confirm the legitimacy of the Election Committee
and the Election Appeals Committee was signed by four people, including
himself, Irene Mwakyusa (Southern Zone Leadership Council Member), John J.R.
Nyange (Mzizima Zone Leadership Council Member), and Edward Heche Suguta
(Chairman of Young Lawyers - AYL).
"In his response, the Executive
Director stated that he did not have that authority; instead, the authority
lies with the TLS President, which is incorrect. As a result, we believe
justice will be served in court. I trust this case will bring positive changes
within TLS and restore members' confidence. Over 100 lawyers have already
agreed to support my case," Kitale added.
The Tanganyika Law Society (TLS)
elections are a cornerstone of the legal community in Tanzania. These elections
determine the leadership that will guide the society in its mission to uphold
the rule of law, protect human rights, and ensure the professional development
of its members. Given the critical role of the TLS in advocating for justice
and legal integrity, the transparency and fairness of its electoral process are
paramount.
The disqualification of presidential
candidate Boniface Mwabukusi has raised significant concerns about the
impartiality and procedural correctness of the election process. This incident,
coupled with the sudden hike in AGM registration fees, underscores the need for
clear and consistent governance within the society.
The TLS elections are not just about
selecting leaders; they are about setting the tone for the society's operations
and its ability to influence broader legal and political reforms in Tanzania.
As such, the integrity of these elections is crucial for maintaining the trust
and confidence of the legal community and the public at large.
Kitale's legal challenge serves as a
critical reminder of the necessity for accountability and transparency in
institutional operations. As the case progresses, it will be closely watched by
legal professionals and observers who are keen to see how the TLS will address
these pressing issues and what precedents will be set for future elections.