Bobu Chacha Wangwe, Dr. Ananilea Nkya, and Buberwa Kaiza engaged in a recent courtroom debate on September 3rd, 2024. Photo: Courtesy.
By Adonis Byemelwa
The High Court's Dar es Salaam Sub-Registry has greenlit three Tanzanians to pursue a judicial review against the 2024 local government election regulations. This move allows Constitutional Forum (Jukata) Director Bob Wangwe, Chairperson Ananilea Nkya, and activist Buberwa Kaiza to challenge the election rules set by the Minister of State for the President’s Office, Regional Administration, and Local Government (PO-RALG).
The decision, delivered by Judge Wilfred Dyansobera on Monday, September 9, 2024, in case number 19721/2024, was a partial victory. Although the court approved the judicial review, it denied the applicants' request to halt the election process under the current regulations.
Judge Dyansobera dismissed objections from the Minister of TAMISEMI and the Attorney General, who argued that the application was legally flawed. The judge found these objections lacking in merit and ruled in favor of the applicants on this front.
Despite this, the court rejected the request to suspend the implementation of the new election regulations. Judge Dyansobera noted that such a request was not included in the applicants’ original reliefs.
Chief State Attorney Deodatus Nyoni welcomed the ruling, highlighting that the election process will continue unabated. He emphasized that while the court did not halt the elections, the next stage of the judicial review will proceed as planned.
On the other hand, Jebra Kambole, representing the applicants, saw the partial ruling as a step forward despite some setbacks. He acknowledged the government's objections but appreciated the court's decision to reject them.
Ananilea Nkya, a key applicant in the case and a prominent former journalist and activist, spoke with fervor about the mission behind the judicial review. She emphasized that their legal action is grounded in upholding citizens' rights under Article 8 of the Tanzanian Constitution, which mandates that electoral processes should be supervised by the people to ensure fairness and integrity.
“We stood up for Tanzanians to ensure that election activities are supervised by the people themselves, as mandated by our Constitution,” Nkya declared, celebrating the partial court victory.
In the broader political landscape, opposition voices are critical of the current election oversight. ACT Wazalendo and Chadema, led by Tundu Lissu, argue that PO-RALG's handling of the election process is deeply flawed.
They accuse the office of lacking transparency and failing to address key weaknesses that undermine electoral integrity. Lissu and other opposition leaders assert that these issues jeopardize the fairness of the elections and call for reforms to ensure a more credible and democratic process.