Chadema’s application to disqualify judge set for hearing today

Dar es Salaam. The High Court of Tanzania, Dar es Salaam Registry, is today, Monday, July 14, 2025, expected to hear an application filed by opposition party Chadema, seeking the disqualification of Judge Hamidu Mwanga from presiding over a case involving a dispute over the party’s asset distribution.

The application is set to be heard during a session in which the main suit was scheduled for mention.

On July 10, 2025, the Chama cha Demokrasia na Maendeleo (Chadema), through its registered Board of Trustees, formally asked Judge Mwanga to recuse himself from the ongoing case concerning the management and distribution of the party’s resources.

The party also filed a separate motion seeking the revocation of interim court orders that bar the respondents—the Chadema Board of Trustees and the party’s Secretary General—from engaging in political activities and from accessing or using party resources.

During the previous court session, defence counsel Mpale Mpoki told the court that the defendants had submitted a letter dated June 23, 2025, requesting the judge’s withdrawal from the case. The letter was formally received by the Deputy Registrar on June 24.

In response, the plaintiffs' lawyer, Mr Shabani Marijani, said they only became aware of the letter that morning. He requested time to study the application, arguing that the question of a judge’s disqualification required legal consideration. He urged the court to grant a short adjournment, noting the public interest attached to the case.

Judge Mwanga granted the request and scheduled the hearing of the recusal application for today, alongside the mention of the main case. The court is also expected to mention Chadema’s motion seeking to vacate the restraining orders imposed on the respondents.

Due to these pending applications, proceedings in the main suit have been temporarily halted until the court makes a ruling on all preliminary matters.

The case was filed by Said Issa Mohamed, Chadema’s retired National Vice Chairman (Zanzibar), alongside trustees Ahmed Rashid Khamis and Maulida Komu, representing the Zanzibar wing of the party.

The defendants are the Chadema Board of Trustees (first respondent) and the party’s Secretary General (second respondent).

In their 2025 suit, the plaintiffs claim that the distribution of party resources—both financial and material—between Tanzania Mainland and Zanzibar has been unequal and discriminatory.

They further allege the presence of religious and gender-based discrimination, and accuse party leaders of making public statements intended to disrupt the Union between Zanzibar and Mainland Tanzania.

The plaintiffs are seeking a court declaration that the defendants have violated the party’s constitution and provisions of Section 6A (1), (2), and (5) of the Political Parties Act, Chapter 258 (Revised 2019). They are also requesting the court to order compliance with the said law and the party’s governing charter.

Additionally, they are asking the court to declare the ongoing distribution of funds, assets, and resources by the respondents as unlawful and null.

Among other reliefs, the plaintiffs are requesting a temporary suspension of all political activities until the court’s orders are fully implemented, a permanent injunction barring the use of party resources until legal compliance is ensured, and an award of legal costs.

The court may also consider granting other reliefs as it deems appropriate.