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| Lawyers advocating for Boniface Mwabukusi faced off against those representing the Tanganyika Law Society (TLS) in the High Court, Room One, in Dar es Salaam. Photo: Courtesy |
By Adonis Byemelwa
Twenty-nine independent lawyers gathered on July 17, 2024, to advocate for Boniface Mwabukusi in a crucial case before the High Court of Tanzania. Mwabukusi is seeking a review of a decision that led to his removal from the list of presidential candidates for the Tanganyika Law Society (TLS).
The legal team, led by Mpare Mpoki and supported by Jebra Kambole, John Malya, Dickson Matata, Edward Heche, and Ferdinand Makore, presented their case to High Court Judge Salma Maghimbi.
During the proceedings, Mpoki informed the court that the matter was listed for mention and that the respondents had acknowledged receipt of the necessary documents. Following the presentation of arguments, Judge Maghimbi adjourned the case until later that day, allowing for further discussion on the contentious issues.
Mwabukusi initiated this legal action on July 11, 2024, at the High Court in Dar es Salaam. He was among six candidates endorsed by the TLS Election Committee to contest for the presidency in the upcoming election scheduled for June 24, 2024.
Other candidates included Ibrahim Bendera, Emmanuel Muga, Revocatus Kuuli, Paul Kaunda, and Sweetbert Nkuba. However, Mwabukusi found himself disqualified by the TLS Election Appeals Committee, which cited alleged ethical violations—a decision he vehemently contests.
Claiming that the committee’s actions violated his rights, Mwabukusi asserted, “I was not allowed to defend myself. This process was fraught with human rights violations and a complete lack of fair hearing.” His legal team is urging the court to intervene and rectify what they describe as an unjust ruling that undermines the integrity of the electoral process.
This case not only underscores internal disputes within the TLS but also raises important questions about the integrity of the election process and the protection of candidates' rights within Tanzania's legal institutions. The outcome could set a significant precedent, influencing not just Mwabukusi’s fate but the governance of the TLS as a whole.
As the case unfolds, it highlights the necessity of upholding democratic principles and ensuring fair treatment for all candidates within professional bodies. Mwabukusi's struggle resonates with broader themes of accountability and justice, positioning this legal battle as a focal point for discussions about reform and transparency within the TLS.
Supporters within the legal community and civil society have rallied around Mwabukusi, emphasizing the need for a fair electoral process that respects the rights of all participants. As Judge Maghimbi prepares to reconvene the court later that day, the legal team remains hopeful for a favorable resolution that could restore Mwabukusi's candidacy and reinforce the principles of justice and equality within the TLS.
“This is not just about one candidate; it’s about ensuring that every lawyer has the right to participate in their professional governance without fear of arbitrary disqualification,” Mpoki added, underscoring the case's broader implications. The legal team’s fight is not just for Mwabukusi’s return to the ballot but for the integrity of the TLS itself.