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.
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.