Dar es Salaam. ACT-Wazalendo has filed an urgent case in court challenging the decision by the Independent National Electoral Commission (INEC) and the Registrar of Political Parties to block its presidential candidate, Mr Luhaga Mpina, from submitting his nomination papers.
The party’s Chief Legal Counsel, Mr Omar Issa Shaaban, confirmed on Wednesday that lawyers had lodged the case under a “certificate of extreme urgency”, arguing that the decisions taken by both institutions were unlawful and politically motivated.
“We have instructed our lawyers to file this case with urgency because of the very limited time remaining in the nomination process,” Mr Shaaban told reporters in.
He said ACT-Wazalendo was “shocked” by INEC’s directive, stressing that the Commission had no authority to block a candidate at the Registrar’s request.
“The powers of the Registrar are limited to monitoring parties. They do not extend to nullifying internal party decisions,” he said.
The row began on Tuesday when INEC issued a letter to ACT-Wazalendo, citing a communication from the Registrar of Political Parties which revoked Mr Mpina’s endorsement as the party’s flagbearer.
The Registrar argued that his nomination had violated internal party rules, following a complaint lodged by the party’s Dar es Salaam Regional Secretary, Ms Monalisa Ndala.
Relying on the Registrar’s letter, INEC instructed its staff not to accept Mr Mpina’s nomination forms. When Mr Mpina attempted to submit his papers at INEC headquarters in Dodoma on Wednesday, his motorcade was blocked by police officers, and the gates were locked to prevent his entry.
ACT-Wazalendo protested the move, describing it as a violation of the Constitution and electoral laws. In a strongly worded letter, Secretary General Ado Shaibu said: “It is disgraceful for the Commission to act merely on the basis of a letter from the Registrar. This undermines the independence of INEC as guaranteed by the Constitution.”
The party insisted that Mr Mpina had lawfully obtained his nomination forms on August 15 after INEC was formally notified of his candidacy, as required under Section 34 of the Presidential, Parliamentary, and Councillors Elections Act, 2024.
According to ACT-Wazalendo, the law is clear on how to challenge a candidate’s eligibility. Sections 36 and 37 of the Act, as well as Regulation 22 of the 2025 electoral regulations, state that objections must be raised during the official nomination process, where the Commission must hear arguments from both sides before making a ruling.
“The court remains the only authority with the final say on the interpretation of the law and the protection of constitutional rights,” Mr Shaaban said. “Any decision it delivers must be respected by all institutions.”
The party’s stance
ACT-Wazalendo has made it clear that it will not field an alternative presidential candidate. “Our only candidate for the presidency is Luhaga Mpina,” Mr Shaaban declared, urging party members contesting for parliamentary and council seats to continue with their paperwork while the matter is resolved in court.
Tanzanians will go to the polls on Wednesday, October 29. The outcome of this legal battle could determine whether ACT-Wazalendo’s presidential flag bearer will be on the ballot.
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