A constitutional dispute has emerged in the Zanzibar High Court over cases filed by former ACT-Wazalendo parliamentary candidates in 19 Unguja constituencies.
The matter came before Justice Hajji Suleiman Khamis on January 14, 2026, at the High Court in Tunguu, when a senior government lawyer argued that the Zanzibar High Court has no authority to hear disputes related to parliamentary elections.
Government counsel, Ms. Nalindwa Sekimanga, cited Article 83 of the 1977 Constitution of the United Republic of Tanzania, which gives the High Court of Tanzania exclusive jurisdiction over all election cases involving members of parliament.
She asked the court to uphold the government’s objection, stressing that the Zanzibar High Court lacks constitutional power in these matters.
Representing the former ACT-Wazalendo candidates, Senior Advocate Omar Said Shaaban challenged this claim.
He argued that the Zanzibar High Court has the authority to handle cases involving Union matters.
Quoting Article 93(1) of the Zanzibar Constitution and Section 3(1)(a) of Act No. 2 of 1985, Shaaban said the court’s powers are broad and cover all laws applicable in Zanzibar, including Union laws enacted by Parliament, such as the Elections Act.
He emphasized that the High Court’s authority in Zanzibar is neither limited nor overridden by Article 83 of the Union Constitution.
After hearing arguments from both sides, the court adjourned the cases to January 27, 2026, when it will deliver a ruling on the constitutional challenge.