The High Court of Tanzania has cleared opposition party ACT Wazalendo to move forward with its legal challenge against the National Electoral Commission (INEC) over the allocation of Special Seats in the National Assembly, marking an important step in the ongoing debate on electoral transparency and fairness.
In a ruling delivered on December 30, 2025, at the High Court Registry in Dodoma, Judge Epiphery Kisanya dismissed preliminary objections raised by the government and granted ACT Wazalendo permission to file and pursue a substantive petition. The decision follows an application for leave submitted by the party on November 19, 2025.
ACT Wazalendo is challenging the Special Seats results announced by INEC on November 7, 2025, arguing that the allocation was conducted in a manner that contravened the Constitution and relevant electoral laws.
The party maintains that the formula used to distribute the seats among political parties was neither transparent nor consistent with the votes obtained in the parliamentary election.
During the preliminary stage, the Attorney General, on behalf of the government, argued that the High Court lacked jurisdiction to hear the matter.
However, the court ruled that it had the legal mandate to determine the dispute and allowed the case to proceed to a full hearing.
In its submissions, ACT Wazalendo claims that the allocation of Special Seats heavily favoured the ruling Chama Cha Mapinduzi (CCM), which was awarded 113 seats, while CHAUMMA received two seats.
The party argues that other political parties were disadvantaged despite securing a significant share of the national vote.
The party further contends that INEC failed to adequately disclose the method used to translate parliamentary votes into Special Seats, raising concerns about accountability and compliance with electoral laws.
According to ACT Wazalendo, a lawful and transparent calculation would show that the party garnered 2,222,162 votes, equivalent to 6.77 percent of the total parliamentary votes.
ACT Wazalendo has asked the court to direct INEC to publicly explain the formula used in allocating Special Seats and to re-calculate the distribution in line with constitutional and legal requirements.
The party says the case is intended to protect democratic principles and ensure equal political representation.
Following the ruling, ACT Wazalendo welcomed the decision and said it is prepared to proceed with the main case.
The party emphasized that the matter goes beyond party interests and touches on the credibility of the electoral system and public confidence in democratic institutions.
The High Court’s decision now sets the stage for a full hearing, where the legality of INEC’s Special Seats allocation will be examined in detail.