Chadema clarifies its rejection of electoral code of ethics, INEC responds

He added that the courts of justice are the ultimate authority if any party disagrees with the commission’s interpretation.

"The judiciary is the ultimate interpreter, and it can determine what is correct. As the Independent Electoral Commission, we have provided our interpretation, which means that if you do not sign, you cannot participate in the election," Judge Mwambegele said, as he signalled that INEC did not want to engage into a public spat with Chadema over the issue, especially in the social media.

He further questioned the controversy over the interpretation of the issue, likening it to a disagreement over a goat purchase before the goat has even been bought.

Justice Mwambegele noted that social media has been rife with claims from individuals who oppose the election or the signing of regulations.

At a press conference on Tuesday, April 15, 2025, at the Chadema’s headquarters in Mikocheni, Dar es Salaam, Dr Nshala argued that INEC does not have the legal authority to restrict political participation.

“Section 162 of the Elections Act grants the Commission the right to publish electoral regulations, but it does not give the Commission the authority to bar any political party or individual from participating in politics or elections,” he stated.

His remarks followed the signing of the electoral code of ethics on Saturday, April 12, 2025, in Dodoma, intended to govern the conduct of parties during the 2025 General Election and any by-elections up to 2030.

Dr Nshala pointed out that Clause 1.3 of the code stipulates its enforcement period starts only after candidate nominations and lasts until the announcement of results.

"Who has been nominated as a candidate? There are no official nominations yet, and no forms have been submitted," he asserted, calling it unconstitutional to require political parties to sign a code that applies before the legal process has begun.

Dr Nshala also referenced a landmark ruling from the Court of Appeal on January 31, 1995, in the case of Attorney General, Radio Tanzania Dar es Salaam and others vs Dr Amani Kaburu (Appeal No. 3244 of 1994).

The ruling reinforced the core constitutional principle of ensuring free and fair elections, stating that any violation of this principle renders the election process illegitimate.

“The Electoral Commission cannot be exempt from legal scrutiny if it violates constitutional provisions or national laws,” Dr Nshala explained, stressing that INEC must operate within the legal framework.

He expressed disappointment that the current electoral body, led by judges including Mwambegele, Justice Mbarouk (retired), and Justice Asina of the High Court, did not uphold judicial decisions protecting democratic principles.

Dr Nshala also questioned the reasoning behind forcing political parties to sign the ethics code prematurely, citing remarks by INEC director of Electiosn, Ramadhan Kailima who said that the final version of the code was sent to political parties in March for feedback, with final edits submitted by April 4, ahead of the signing ceremony in Dodoma.

“Chadema did not sign, and for a very valid reason. The electoral laws are disorganised, inconsistent with the Constitution, and do not reflect the core principle of free and fair elections,” he said.

He concluded by insisting that participating in such a flawed electoral process would amount to a betrayal of the Constitution.

“If we have a system that does not ensure free and fair elections, then any political party participating in that process would be committing a grave constitutional error,” Dr Nshala asserted.