Lawyer Boniface Mwabukusi. Photo: Courtesy
Concern as Legal Challenges Shake Up Tanganyika Law Society Election
By Adonis Byemelwa
The Tanganyika Law Society (TLS) elections have erupted into controversy as Steven Kitale, the audacious Chairman of the Lake Zone branch, has launched a high-stakes legal battle against the society. In an explosive move, Kitale filed a judicial review case, shaking the very foundations of the TLS.
Citing a lack of transparency and adherence to legal protocols, Kitale’s case aims to halt the impending 2024 Annual General Meeting (AGM) and suspend the entire election process. This unexpected turn of events has sent shockwaves through the legal community, sparking intense debates about the society’s governance and the integrity of its electoral proceedings.
In a viral interview, Kitale revealed that he has submitted case number 16018/2024 to the High Court in Mwanza, presided over by Judge Athuman Matuma. Kitale is seeking court permission to file for judicial review and a temporary injunction to halt the 2024 Annual General Meeting (AGM), which is scheduled for next month in Dodoma.
Kitale’s petition includes a request to stop the election process, challenge the Election Appeals Committee’s decision to disqualify lawyer Boniface Mwabukusi from running for TLS president, and suspend the elections until a decision on his application is made.
“This case aims to highlight the importance of transparency and adherence to the law in the election process. Our goal is to ensure that everyone performs their duties according to the law. No one should be above the law,” Kitale stated.
Apart from Mwabukusi’s disqualification, Kitale’s petition addresses the increase in registration fees for AGM participants, from Sh118,767 and Sh 100,000 for online participants to Sh 200,000, a decision he claims was not approved by the society’s leadership council.
“I decided to file this case after noticing a lack of transparency, especially in election matters and the AGM. It was crucial to demand the right to access essential documents required by law so that every member can participate fully and fairly,” Kitale emphasized.
According to Kitale, the failure of TLS leaders and the Election Appeals Committee to follow procedures could harm not only the society’s operations but also members’ trust in its leadership.
“I have requested the court to issue an order to provide the necessary documents and to suspend ongoing activities until justice is served. We need to be united and work together to ensure our society operates according to our laws and regulations,” Kitale said.
The respondents in the case, which include TLS, the Executive Director of TLS, the TLS Leadership Council, and the Attorney General, have been served and are required to file counter-affidavits at the High Court in Mwanza. The case will be heard on July 15, 2024, before Judge Athuman Matuma.
Kitale mentioned that a letter requesting the TLS Executive Director to confirm the legitimacy of the Election Committee and the Election Appeals Committee was signed by four people, including himself, Irene Mwakyusa (Southern Zone Leadership Council Member), John J.R. Nyange (Mzizima Zone Leadership Council Member), and Edward Heche Suguta (Chairman of Young Lawyers – AYL).
“In his response, the Executive Director stated that he did not have that authority; instead, the authority lies with the TLS President, which is incorrect. As a result, we believe justice will be served in court. I trust this case will bring positive changes within TLS and restore members’ confidence. Over 100 lawyers have already agreed to support my case,” Kitale added.
The Tanganyika Law Society (TLS) elections are a cornerstone of the legal community in Tanzania. These elections determine the leadership that will guide the society in its mission to uphold the rule of law, protect human rights, and ensure the professional development of its members. Given the critical role of the TLS in advocating for justice and legal integrity, the transparency and fairness of its electoral process are paramount.
The disqualification of presidential candidate Boniface Mwabukusi has raised significant concerns about the impartiality and procedural correctness of the election process. This incident, coupled with the sudden hike in AGM registration fees, underscores the need for clear and consistent governance within the society.
The TLS elections are not just about selecting leaders; they are about setting the tone for the society’s operations and its ability to influence broader legal and political reforms in Tanzania. As such, the integrity of these elections is crucial for maintaining the trust and confidence of the legal community and the public at large.
Kitale’s legal challenge serves as a critical reminder of the necessity for accountability and transparency in institutional operations. As the case progresses, it will be closely watched by legal professionals and observers who are keen to see how the TLS will address these pressing issues and what precedents will be set for future elections.
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