Arusha High Court halts government notice on village dissolution

Arusha. The Arusha High Court has temporarily suspended Government Notice No. 673, issued on August 2, 2024, which ordered the dissolution of wards, villages, and hamlets, including those in Ngorongoro District. This suspension will remain in effect until the court provides further instructions.

The ruling was delivered on Thursday, August 22, 2024, by Judge Ayoub Mwenda, following an application for an injunction filed by Ngorongoro resident Isaya Ole Posi, represented by his lawyer, Peter Njau.

Judge Mwenda agreed to the injunction request, putting the government's decision on hold as the main case is being considered. Speaking to journalists outside the Arusha Integrated Justice Center, lawyer Njau explained that the application, filed earlier that day, prompted a swift court decision.

The application centred on two main issues: first, the request to suspend the government notice, and second, a request for the court's permission to review the legality of the order.

"The judge accepted our request and instructed us to provide copies of our application to the Republic, the respondent. As a result, the government notice is temporarily suspended while the court examines its legality," Njau stated.

"My client and other residents of Ngorongoro believe that the order was issued without proper authority and was not legally executed. The court will address these concerns in the main case," he added.

Judge Mwenda adjourned the case until September 26, 2024, when the court will hear Ole Posi's main application. The government notice in question, issued under Section 30 of the Local Government Act (District Authorities), mandated the dissolution of villages, wards, and hamlets in the districts of Ngorongoro, Bahi, Chemba, Kasulu, Kakonko, Hai, and Rombo.

The court's ruling comes days after Ngorongoro residents staged a demonstration demanding the protection of their fundamental rights, which they claim have been undermined by the government over the past four years.

The demonstrators, primarily from the Maasai community, voiced their grievances about a series of government actions that they say have led to land rights violations, denial of voter registration, and alleged forced relocations.

Videos shared through social media showed the protestors blocking the Ngorongoro-Serengeti highway as tourist vehicles parked to wait for the road opening.

According to their statement, these violations resulted in a blockade of essential social services and the physical maltreatment of Ngorongoro residents.

Speaking at the protest, one demonstrator voiced his frustration: "We are blocking this highway out of choice; we are doing it out of necessity."

"For too long, our voices have been ignored, and our rights have been trampled," another was heard saying.

"This is our last resort to draw attention to our plight and demand the respect and dignity we deserve," added another protestor.

The claim to have been excluded from voter registration and other rights.

Earlier, the Independent National Electoral Commission (INEC) and the President's Office – Regional Administration and Local Government (PO-RALG) were at odds over who was responsible for the removal of the polling stations from Ngorongoro.

During the protests, the Ngorongoro Conservation Area Authority (NCAA) released a statement asserting that tourism activities were continuing uninterrupted despite the demonstrations.

“The protests demonstrate to the world and international communities that there is no violation of human rights or abuse of citizens within the conservation area,” the statement read.

“The tourist activities are proceeding smoothly despite the presence of some residents living within the area holding a protest today,” the statement added.

The authority assured all tourists planning to visit Ngorongoro that the government will continue to oversee their safety at all times while they are within the conservation area.

The national coordinator of the Tanzania Human Rights Defenders Coalition (THRDC), Mr Onesmo Olengurumwa, said; “This is the right time for President Samia Suluhu Hassan to listen to the residents and find solutions to their challenges.”

With tensions running high, residents feel increasingly marginalized, believing their voting rights and voices have been suppressed as the government pushes for relocation.

Freeman Mbowe, the chairman of the opposition party Chadema, has called on the government to negotiate with the people of Ngorongoro to address the issues facing their community.

"President Samia, as the comforter-in-chief, should use her authority to restore the rights of the citizens of Ngorongoro," Mbowe stated while speaking to journalists in Dar es Salaam on Thursday.

Meanwhile, Ngorongoro District Executive Director (DED) Murtallah Mbillu has confirmed that preparations for the upcoming elections will continue as planned.

Mbillu made this announcement on Thursday, August 22, 2024, during an interview with Mwananchi, The Citizen’s sister newspaper, just hours after the Arusha High Court issued an injunction against the implementation of the government's village dissolution notice.

He clarified that the relocation directive originated from the Ministry of Natural Resources and Tourism, leading to the issuance of the Government Notice (GN).

"With this injunction in place, my role as director is to follow the directives from sectoral ministries. Since the court has suspended the directive, everything will proceed as usual," Mbillu said.

He also confirmed that other processes, including voter registration, would continue normally until further notice.