Boniface Mwabukusi, one of six contenders for the TLS Chairperson post, had initially overcome several objections to his candidacy. Photo: Courtesy
By Adonis Byemelwa
Firebrand
lawyer Boniface Mwabukusi, who gained notoriety for his unwavering stance
against the controversial DP-World deal, finds himself at the center of a
heated controversy within the Tanganyika Law Society (TLS).
Initially
nominated as a presidential candidate, Mwabukusi was recently disqualified by
the TLS Electoral Appeals Committee on grounds of past ethical breaches,
sparking widespread outcry and division among members.
Mwabukusi,
one of six contenders for the TLS Chairperson post, had initially overcome
several objections to his candidacy. The TLS Electoral Committee had vetted and
nominated him, dismissing objections as meritless.
Nevertheless,
the situation took a drastic turn when the Electoral Appeals Committee,
comprising five senior lawyers including retired Judge Benedict B. Mwingwa,
disqualified him citing ethical lapses.
"The
appeal committee observed that although the Electoral Committee found Advocate
Boniface Mwabukusi to have met the criteria, the appeal body itself found that
there was a criterion he did not meet," explained Nelson Frank, Secretary
of the Electoral Committee, during a press conference on July 6, 2024.
He
pointed to TLS election regulations, specifically regulation 13(c), which
mandates that presidential candidates must maintain good moral and ethical
standing. Mwabukusi's disqualification stems from a past incident where he
faced ethical scrutiny for his vocal opposition in the Tanzania-Dubai port
agreement saga.
The
controversy escalated when Mwabukusi alleged procedural irregularities in the
appeals process. "I was surprised to receive a call regarding my appeal a
day before the hearing, a process I was not made aware of," he asserted.
"Only the candidate or their agent can appeal dissatisfaction during the
Electoral Committee nomination."
In
response to the disqualification, Mwabukusi vowed to challenge the decision
through legal avenues, asserting his qualifications and moral standing. "I
am a member in good standing, and I have all the qualifications to run,"
he affirmed defiantly. "I will reject this manipulation within the
Association and through legal means."
His
disqualification has prompted calls for boycotts and drawn support from fellow
lawyers. Advocate Dickson Matata voiced his solidarity, stating, "To
protect the integrity of the bar association, I will not participate in this
year's election following the unjust removal of Mwabukusi."
The
TLS, an organization representing over 12,000 members nationwide, now faces a
contentious election scheduled for August 2, 2024, in Dodoma. With Mwabukusi's
disqualification, five candidates remain in the race, each already actively
campaigning.
Among
them are Sweetbert Nkuba, Managing Partner at Sweet and Conrad firm; Emmanuel
Augustino Muga; Capt. Ibrahim Mbiu Bendera, former ship captain and Executive
Partner at Bendera & Co Advocates; Paul Revocatus Kaunda, Managing Partner
at Kaunda & Company Advocates; and Revocatuz Lubigili Kibwe, former
District Administrative Secretary of Igunga.
Mwabukusi's
supporters argue that his disqualification reflects broader concerns about
fairness and transparency within the TLS election process. "There are
internal and external factions working to frustrate democratic processes,"
Mwabukusi asserted, accusing certain elements of manipulating outcomes to their
advantage.
The
saga surrounding Mwabukusi highlights deeper tensions within Tanzania's legal
community, exacerbated by recent political shifts and perceptions of
governmental influence. Observers note parallels with previous elections where
outspoken figures faced institutional pushback.
"After
the election of Tundu Lissu and the rise of lawyer activists like Fatma Karume
and Rugemeleza Nshala, there's a noticeable push towards aligning leadership
with state interests," observed a legal commentator, speaking on condition
of anonymity.
Amidst
the controversy, Mwabukusi remains resolute in his commitment to upholding
ethical standards and fighting for transparency within the TLS. "My stance
against the DP-World deal was about advocating for the people of Tanganyika,
whose resources are often mismanaged," he clarified. "It's time for
the state to refrain from interfering in independent organizations'
affairs."
This
controversy comes amidst a backdrop of heightened scrutiny over ethical
standards and the autonomy of legal institutions in Tanzania.
Figures
such as TLS President Fatma Karume and lawyer Rugemeleza Nshala have been vocal
critics of what they perceive as undue political interference in judicial
matters.
Karume, in particular, has been a staunch
advocate for transparency and accountability within the legal framework,
emphasizing the need to protect the freedoms of legal practitioners.
"Political
agendas mustn't compromise judicial independence," she emphasized in a
recent statement, highlighting the importance of maintaining the TLS's
integrity.
In
response to these developments, Chief Justice Prof. Ibrahim Hamis Juma has
called for the TLS to enforce strict disciplinary measures to uphold public
trust and ensure ethical standards are maintained.
The judiciary's role in safeguarding legal
rights and maintaining impartiality amid political pressures has become
increasingly crucial as Tanzania navigates these complex legal issues.
Mwabukusi's
disqualification has galvanized calls for reform within the legal community,
with advocates like Mpole Mpoki and Dr. Lugemeleza Nshala actively challenging
what they see as injustices.
Mpoki,
who was suspended amidst the controversy, has vowed to pursue legal avenues to
address alleged constitutional breaches and protect professional freedoms. His
case, along with others, underscores the broader implications of Mwabukusi's
disqualification on Tanzania's legal landscape.
As
Tanzania prepares for the upcoming TLS election scheduled for August 2, 2024,
in Dodoma, the exclusion of Mwabukusi from the presidential race has raised
fundamental questions about the fairness and transparency of the electoral
process.
Mwabukusi
himself has vowed to continue his fight through legal channels, asserting his
right to participate and challenging what he perceives as manipulation within
the Association. The disqualification of Boniface Mwabukusi serves as a
poignant reminder of the delicate balance between judicial independence and
external influences in Tanzania's legal system.
The
outcome of his legal challenge will not only impact the TLS's future leadership
but also shape perceptions of justice, integrity, and the rule of law within
Tanzania's legal profession. The unfolding controversy underscores
the imperative for a legal framework that upholds ethical standards, protects
professional freedoms, and maintains public trust in the judiciary.