Today, July 26, 2024, the court decisively upheld Boniface Mwabukusi’s (pictured center) candidacy for the Tanganyika Law Society (TLS), sending shockwaves through Tanzania’s legal landscape. Photo: Courtesy.
Tanzania Court Overturns Banning, Boniface Mwabukusi Reinstated as TLS Presidential Candidate
By Adonis Byemelwa
Dar es Salaam. In a dramatic twist, Attorney Boniface Mwabukusi has been cleared to contest the presidency of the Tanganyika Law Society (TLS). The High Court in Dar es Salaam has reversed the TLS Appeals Committee’s July 5, 2024, decision that barred him from running, setting the stage for a fierce and high-stakes election battle.
The court’s decision means Mwabukusi will now compete against five other candidates who have been approved for the position in the election scheduled for August 2 in Dodoma. The other candidates are Ibrahim Bendera, Emmanuel Muga, Revocatus Kuuli, Paul Kaunda, and Sweetbert Nkuba.
The legal battle has seemingly boosted Mwabukusi’s campaign efforts. Since initiating legal proceedings on July 11, 2024, he has received significant support from fellow lawyers who have attended court sessions, in addition to 29 representatives who appeared before the judge on his behalf.
Mwabukusi initially filed for a review of the decision that had removed him from the list of presidential candidates. The case concluded on July 26, 2024, with the court ruling in his favor.
Despite the court’s reversal of the disqualification, some lawyers have expressed their readiness to support Mwabukusi at the polls. He had been removed from the race by the TLS Appeals Committee following a complaint by Attorney Bosco Mahai, who challenged the decision of the TLS Election Committee that had approved Mwabukusi, dismissing objections against him.
The Appeals Committee, while rejecting Mahai’s complaint and agreeing with Mwabukusi’s legal team that Mahai had no legal standing to challenge, introduced a new argument: that Mwabukusi was disqualified due to a prior disciplinary conviction related to ethics. This was the basis on which Mwabukusi sought judicial review, aiming to restore his candidacy.
The judgment delivered today by Judge Butamo Phillip supported Mwabukusi’s argument that the Appeals Committee lacked the authority to disqualify him. Judge Phillip stated there is no law granting the TLS Appeals Committee the power to remove a candidate from an election, and its role is limited to dismissing appeals that lack merit. If an appeal is valid, it should be referred back to the Election Committee.
Judge Phillip emphasized that the committee’s decision was invalid because it was made without giving Mwabukusi a chance to be heard, a fundamental right that cannot be ignored. Such decisions cannot stand even if they might be correct or if the candidate had been heard.
Following the court’s ruling, Francis Stolla, Vice Chair of the TLS Election Committee, confirmed that Mahai had no legal grounds to challenge Mwabukusi’s candidacy. Stolla, a former TLS president, pointed out that according to regulations, only a fellow candidate, their agent, or a nominator has the right to file a challenge.
Attorney Edson Kilatu, who also represented Mwabukusi, supported this position, citing Regulation 50 of Government Notice No. 598 of 2022. Mahai did not meet any of the criteria required to file a challenge, thus his objections were invalid.
On the other hand, attorney Steven Mwakibolwa, representing TLS in the matter, expressed acceptance of the court’s ruling, recognizing it as a fair decision.
In response, Mwabukusi stated that the disqualification was unsupported by TLS and was the decision of a few individuals. He has called on all lawyers to support him in Dodoma on election day, promising to hold TLS accountable to its members and the public. He vowed to advocate for the interests and rights of all lawyers without discrimination.
The court’s decision has been met with enthusiasm from various lawyers, many of whom have expressed their readiness to vote for Mwabukusi. Edward Heche, Chair of the Association of Young Lawyers (AYL), voiced confidence in Mwabukusi’s ability to reform TLS and ensure it fulfills its advisory role to the government, parliament, and judiciary—an area that has been neglected.
Happiness Michael also urged lawyers to head to Dodoma to vote for Mwabukusi. Attorney Abdon Rwegasira, initially uninterested in attending the election, has now decided to go to support Mwabukusi following the court’s ruling. Emmanuel Ukashu, a candidate for the AYL position, noted that he has already received inquiries from 15 lawyers about travel arrangements to the election in Dodoma.
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