Legal Counsel for the opposition party, Chadema Dr. Lugemeleza Nshala. Photo: CourtesyBy Adonis Byemelwa
In a move that has stirred the political pot in Tanzania, the main opposition party Chadema, is locking horns with the Independent National Electoral Commission (INEC) in a high-stakes battle over election participation.
The row was sparked after Chadema refused to sign the Electoral Code of Ethics—a move INEC interpreted as the party voluntarily withdrawing from the 2025 General Election. Nevertheless, Chadema views the situation very differently, and the party’s leading legal expert, Dr. Rugemeleza Nshala, has been quite outspoken.
Nshala's remarks have gone viral on social media, igniting widespread debate. In his scathing critique, he accused INEC of distorting the law and using propaganda to sideline Chadema from the political process. He argues that the INEC has no constitutional authority to bar any party from participating in elections over unsigned ethics codes.
"The qualifications for a political party or candidate to participate in elections are enshrined in the Constitution, not in temporary codes crafted behind closed doors," he stated in a press briefing on April 15, 2025. His speech was sharp, deliberate, and deeply resonant among Tanzanians already skeptical of the country’s democratic institutions.
On April 4, INEC summoned political parties to Dodoma to sign the Electoral Code of Ethics. Of the 19 invited parties, 18 attended and signed. Chadema did not. Party Secretary General John Mnyika confirmed that they neither attended nor sent a representative.
He reiterated Chadema’s hardline stance: “No reforms, no election.” This message has become the cornerstone of their political push for electoral reforms ahead of October’s vote.
This boycott, Chadema says, isn’t about being difficult. It’s about principle. “The election system is broken,” Nshala declared. “Signing those codes would be endorsing a flawed system.”
INEC, however, has remained firm. Director Ramadhani Kailima declared that by not signing, Chadema had effectively disqualified itself—not only from the 2025 elections but also from all by-elections in the next five years. “There won’t be another signing day,” Kailima insisted. “These codes remain effective for the next five years.”
But critics are pushing back. Legal minds and political analysts argue that there is no legal provision requiring a party to sign such a code to participate in elections. Chadema’s stance is that this is a dangerous precedent, undermining the very idea of political pluralism.
Nshala also referenced a landmark 1995 ruling in which the Court of Appeal emphasized that any electoral process must comply with the Constitution. "The court made it crystal clear that the Electoral Commission is not immune from legal scrutiny. Any deviation from the Constitution renders an election illegitimate," he said.
The standoff is more than just legal wrangling. It paints a broader picture of the struggles opposition parties face in Tanzania. Nshala accused INEC of acting as a political tool to weaken Chadema’s influence, especially by making public declarations that the party had opted out.
“This was not a legal interpretation—it was a smear campaign designed to demoralize our supporters and frame us as quitters,” Nshala claimed. “INEC should correct this immediately if they have any respect for democracy.”
Beyond this legal saga lies a subtler but equally troubling story: the creeping politicization of government initiatives. Nshala pointed out that nearly every public development initiative now bears President Samia Suluhu Hassan’s name—Samia Legal Aid, Samia Economic Empowerment, and Samia Motorcycles. While such branding may seem like political marketing, Nshala calls it what it is: premature campaigning and institutionalized favoritism.
“This is outright corruption,” Nshala said, visibly incensed. “You cannot name every project after a sitting president while we are heading into elections. It creates an uneven playing field for the opposition.”
His sentiment echoes widespread concerns that public institutions and state resources are being used to give the ruling party an unfair advantage. From legal aid to youth employment programs, nearly all are wrapped in presidential branding, indirectly painting the ruling party as the sole agent of progress.
Meanwhile, Chadema is pressing on with its “No Reforms, No Election” campaign. After facing police resistance in the Southern Highlands—particularly in Ruvuma, where permits were revoked for their final rally—the campaign is now moving to the Coastal Zone.
Starting April 16, the party's Deputy Chairman (Mainland) John Heche and deputy secretary Aman Golugwa will lead events across Dar es Salaam and Pwani.
The campaign comes at a critical moment, as Chadema's national chairman Tundu Lissu remains in remand facing treason charges. Despite these legal and political hurdles, the party remains adamant about its mission to push for electoral reforms.
What’s at stake isn’t just one party’s participation in an election—it’s the credibility of the entire electoral system. Nshala insists that INEC, composed of senior judges including Chair Jacob Mwambegele, should uphold the law, not twist it.
For its part, INEC is digging in. Chairman Mwambegele has responded coolly to the uproar. “It’s all about interpretation,” he said. “We’ve made our position clear. If Chadema disagrees, the courts are there to decide.”
But the damage may already be done. By declaring Chadema out of the race, INEC has sparked fears that this year’s elections will lack genuine competition. For a democracy to thrive, elections must be inclusive, credible, and fair. Right now, that vision seems to be slipping further away.
As the rhetoric intensifies and the 2025 elections draw closer, the question remains: Will Tanzania’s democracy stand the test, or will legal interpretations become tools for exclusion?
One thing is certain—Chadema isn’t backing down. In the words of Dr. Nshala, “Defending constitutional democracy is not just a legal obligation—it’s a moral one.”
