Tanzania High Court grants legal review permission that could potentially disrupt lawyers’ body elections

Mwanza. Tanzania’s High Court in Mwanza Region on Monday, July 15, 2024, authorized lawyer Steven Kitale to proceed with a legal review application against respondents mentioned in an affidavit in the case of judicial review concerning the Tanganyika Law Society (TLS).

Judge Athuman Matuma presided over the hearing in the contentious case number 16018/2024 where he spent a good part of his time addressing objections from both sides.

However, the court refrained from issuing an order to halt the TLS’ Annual General Meeting (AGM) for 2024.

It also refrained from suspending the TLS General Election process, which includes activities of the Election Committee and the Election Appeal Committee. Instead, the applicant was instructed to first submit the legal review application.

Kitale, represented by a team of over 20 lawyers including Steven Makwega, Godfrey Basasingohe, Erick Mutta, Ernest Mhagama, Godfrey Goyayi and Angelo James argued for judicial scrutiny of TLS's Annual General Meeting (AGM) and the General Election process.

The respondents, namely the TLS, the TLS Executive Director, the TLS Governing Council and the Attorney General (AG), are represented by Chief Counsel Lameck Merumba and Subira Mwandambo, David Shiratu as well as Hekima Mwapusi.

Before Judge Matuma, the respondents represented by Counsel Mwapusi raised five objections to the fundamental application for legal review.

Reading the objections, Counsel Mwapusi said that Kitale's applications lacked legal merit as they were filed prematurely against the law, did not attach the contested decision, lacked legal standing (locus standi), the applicant's affidavit was invalid, and the applications were frivolous, vexatious, and an abuse of the court process.

"These applications lack legal basis but are legal maneuvers and tricks. What is the applicant preventing by blocking the Annual General Meeting (AGM)? Which year's meeting? What date? He hasn’t specified which election process he is blocking. Therefore, we ask your court to dismiss these applications," Mwapusi said before the court.

However, these objections were heard and dismissed with costs by Judge Matuma. After hearing conflicting arguments presented by the applicant's lawyers, the court was convinced beyond doubt that their applications had legal grounds and merit to be heard.

After dismissing the respondents' objections, Judge Matuma proceeded with the hearing of the substantive case which sought court permission to initiate legal review proceedings against the respondents for the mentioned reliefs, including TLS.

Following arguments from both sides, the court granted the applicant (Kitale) permission to initiate judicial review proceedings against TLS, the TLS Governing Council, the TLS Executive Director, and the Attorney General (AG) based on what it deemed as valid arguments presented by the applicant.

"After hearing arguments from both sides; the applicant's lawyers have referred to what was mentioned in the applicant's affidavit. According to these documents, during the Emergency Meeting 10 of the TLS Governing Council, fees were outlined in a manner that lacked clarity," Judge Matuma said.

"It is clear that the applicant, who has a vested interest in this matter as a member of the Governing Council, has a duty to oversee responsibility and accountability. He requested documents authorizing the appointment of the Election Committee and the Election Appeal Committee, but these documents were denied to him," Judge Matuma added.

In reading the court's decision, Judge Matuma said the court agreed that the TLS Election Committee and the increase in membership fees to attend the 2024 AGM from Sh118,000 to Sh200,000 did not receive the approval of all council members, thus violating legal principles.

"The applicant argues that being denied these documents shows that the election process is fraught with legal deficiencies and he has been able to prove a case that requires judicial and legal clarification. Also, the election is a legal process and relevant election officials must be found in accordance with legal guidelines," Judge Matuma said.

Through a counter-affidavit, the second respondent acknowledged without objection that the applicants have been taking steps for the good and proper future of TLS, and thus there is no place where the applicant appears to have filed this case maliciously against TLS.

Regarding the suspension of the 2024 AGM and the election process, Judge Matuma said, "I hesitate to do so now because the time is not due. I direct that temporary injunction applications be brought concurrently with the applicant's judicial review applications. At that time, it will be the right time for the applicant to file applications to enjoin the TLS AGM and the general election process."

Applicant Satisfied

Speaking on behalf of the applicant (Kitale), Lawyer Erick Mutta said his client was satisfied with the court's decision and they promised to file judicial review and temporary injunction applications against the election process at the court on Tuesday, July 16, 2024.

"We are satisfied with the decision and we agree with it, and now we are going to file judicial review applications where we will present arguments to halt the 2024 AGM and the entire TLS general election process," Mutta said.