Tanzania Court Upholds Presidential Commission on Election Violence
DAR ES SALAAM — Tanzania’s High Court has dismissed a legal challenge against President Samia Suluhu Hassan’s establishment of a commission of inquiry into post-election violence, ruling that the President acted lawfully and within her discretionary powers.
The verdict, delivered on Friday by Judge Awamu Mbagwa, favored the Attorney General and the nine appointed commissioners, rejecting an application filed by three citizens: Rosemary Mwakitwange, Edward Heche, and Deogratius Mahinyila. The applicants had sought judicial review orders, including certiorari and prohibition, to quash the commission’s formation. They argued the President’s decision was unlawful, unreasonable, and violated natural justice, citing concerns over the commissioners’ age and alleged conflicts of interest due to their prior public service.
Judge Mbagwa found the applicants’ case to be based on “speculation and whims rather than reality.” He emphasized that under the Commissions of Inquiry Act, the President holds broad discretion in appointing commissioners and determining the commission’s name and specific mandate. The judge noted the inquiry’s purpose—investigating incidents of violence and breaches of peace during and after the October 29, 2025, General Election—was clearly defined in the Government Gazette.
Regarding the composition of the commission, which includes former Chief Justices, ambassadors, and a former police chief, the judge stated that their extensive experience was a reasonable basis for appointment. He clarified that the commission’s statutory role is to gather evidence and establish facts, not to serve as a representative body or create employment. “The Commission is not a forum for demographic representation,” the judgment noted.
The court also dismissed objections about the commissioners being over 60, finding no legal prohibition on age. It underscored that commissioners are legally bound to act impartially under the Act. Consequently, the application was dismissed for lack of merit, with no order as to costs given the matter’s public interest nature.
The ruling affirms the executive’s authority to constitute such inquiries and sets a precedent for challenges to presidential discretion under the Commissions of Inquiry Act. The commission is now poised to proceed with its investigation into the electoral violence, a process that will be closely watched amid ongoing national dialogue on governance and accountability.
