The ACT Wazalendo Legal Department has welcomed a historic ruling by the African Court on Human and Peoples’ Rights (AfCHPR), delivered today in Applications No. 046/2020 and Joint Applications No. 040/2020 and 043/2020.
The decision formally addresses longstanding gaps in legal protections that have allowed repeated violations of electoral laws and procedures in Tanzania.
The court affirmed a principle that ACT Wazalendo has long championed: democracy cannot thrive when presidential election results and the actions of electoral commissions fall outside the reach of the law.
The party paid tribute to its late leader, Maalim Seif Sharif Hamad, noting that today’s victory is the fruit of his unwavering commitment to justice and accountability.
Maalim Seif, the principal applicant in Case No. 046/2020, led ACT Wazalendo and Zanzibaris in demanding accountability from the African Court over the 2020 electoral violations.
Although he did not live to witness the outcome, his vision of a Tanzania where no leader is above the law has now been realized.
The ruling is also a recognition of the thousands of Zanzibaris who endured injustice in their pursuit of electoral fairness.
The court’s decision has direct implications for recent electoral practices in the country. The judgment regarding Article 74(12) of the Union Constitution and Article 119(13) of the Zanzibar Constitution challenges the legal foundations that enabled electoral fraud and violence, particularly during the 2025 general elections.
During those elections, the Zanzibar Electoral Commission (ZEC) and the National Electoral Commission (INEC) operated with impunity, restricting candidates and observers, manipulating vote counts, and misusing state institutions.
Today, the African Court has clarified that such actions were unconstitutional, marking an end to an era of unchecked electoral authority.
ACT Wazalendo has called for urgent constitutional reforms to ensure that electoral commissions operate fully under legal supervision.
The party stressed that a new Union Constitution and a new Zanzibar Constitution are essential to guarantee the independence of the courts in overseeing elections.
The government has also been ordered to publish the ruling in both Kiswahili and English within three months and provide periodic implementation reports.
Speaking on the ruling, ACT Wazalendo reiterated its commitment to promoting transparency, accountability, and the rule of law in Tanzania.
The party pledged to continue using every available platform to advance the vision of meaningful constitutional reform, ensuring that the people’s right to free and fair elections is protected.
