In a historic yet deeply controversial ruling, the Zanzibar High Court (Tunguu Main Registry) has declared that it lacks the jurisdiction to hear disputes arising from the elections of Members of Parliament of the United Republic of Tanzania for constituencies in Zanzibar.
The ruling, delivered today by Justice Haji S. Khamis, followed a preliminary objection raised by the government questioning the court’s authority over such cases.
The judgment effectively forces any Zanzibari citizen seeking to challenge parliamentary election results to take their case to the High Court of Mainland Tanzania.
This development has sparked concern over the implications for Zanzibar’s judicial independence and the rights of its citizens.
ACT Wazalendo has criticized the decision, saying it undermines the authority of Zanzibar’s highest court and diminishes the territory’s status within the Union.
The party argues that by stripping the High Court of its power to adjudicate electoral disputes, citizens are left with limited access to justice, as grievances must now be pursued far from their homes, in Dar es Salaam or Dodoma.
According to ACT Wazalendo, this could weaken the legal protection of voters’ rights and create barriers for citizens seeking redress.
The ruling also raises questions about the constitutional recognition of Zanzibar as a distinct legal entity.
Article 93(1) of the Zanzibar Constitution of 1984 grants the High Court the authority to serve as the principal judicial body of the territory.
Critics contend that today’s decision challenges that authority and positions Zanzibar as merely a region under mainland jurisdiction in matters of Union elections.
All ongoing parliamentary election petitions filed by ACT Wazalendo candidates in Zanzibar have been dismissed on technical grounds without consideration of the core allegations, including claims of vote manipulation and violations of electoral procedures.
The party has vowed to appeal the decision at the Court of Appeal of Tanzania, describing it as a narrow and restrictive interpretation of the law that undermines the High Court’s role and the principle of justice.
ACT Wazalendo has called on the people of Zanzibar to remain calm but vigilant. “Justice may be denied in the courts, but it remains in the hearts of the people,” the party stated, pledging to ensure that Zanzibar is not marginalized and that voters’ rights are protected.