Dar es Salaam. The Independent National Electoral Commission (INEC) has formally begun enforcing the Code of Conduct for the October 2025 General Election after it was officially published in the government gazette on April 18, 2025, granting it full legal effect.
The publication empowers INEC to proceed with all preparatory processes for the polls, including monitoring compliance with the code by all 18 political parties that signed the agreement in Dodoma on April 12.
The Code outlines clear responsibilities, restrictions, and consequences for political parties, candidates, and government officials from the campaign period to the announcement of election results.
It is designed to ensure the elections are peaceful, fair, inclusive, and transparent.
Legal experts note that the gazette process is critical in ensuring transparency and public access to laws, reinforcing the principle to inform citizens about legal provisions affecting their lives.
What the code requires from political parties and candidates
The Code compels political parties and their candidates to uphold constitutional principles, electoral laws, and campaign ethics throughout the election cycle.
Parties are expected to respect the official campaign schedule, limiting activities between 8:00 am and 6:00 pm, while announcements via loudspeakers may only occur between 7:00 am and 8:00 pm.
Parties must avoid overlapping campaign convoys and work with election supervisors to peacefully resolve any scheduling conflicts.
The Code emphasises the need for inclusive elections by encouraging the participation of women, persons with disabilities, the elderly, and other marginalised groups.
Campaigns must avoid rhetoric that incites hatred, division, or discrimination based on gender, disability, ethnicity, religion, or origin.
Messaging should focus strictly on party policies and past achievements, not insults or false claims.
Kiswahili is the official language for all campaign activities, although interpreters may be used where necessary.
Additionally, political parties are required to ensure campaign materials such as posters and banners are promptly removed after elections and to educate their supporters on maintaining cleanliness and civility during the campaign period.
Zero tolerance for misconduct
The Code outlines a wide range of activities that are strictly prohibited. Political parties and candidates must not incite or engage in violence at other parties' meetings, use hate speech or sexually degrading language, or campaign inside places of worship. Using religious leaders to gain a political advantage is equally barred.
Tampering with other parties’ materials or posting without the owner's consent is also not allowed.
Similarly, asking for votes based on tribalism, religion, gender, or skin color is forbidden.
Bribing voters, destroying voter cards, or transporting voters on Election Day to sway their votes are serious violations.
Social media cannot be used to spread hate, incite unrest, or promote discriminatory messages.
On Election Day, no form of campaigning is allowed. Wearing party colors, using campaign vehicles near polling stations, or engaging in vote solicitation is banned.
Mobile phone use within polling stations is restricted to election officials for official purposes only.
Duties and boundaries for the government
The Code also outlines specific responsibilities for the Government of the United Republic of Tanzania.
Authorities must provide equal access to political space for all candidates and ensure security agencies offer protection during campaigns and on Election Day, particularly for vulnerable groups such as women, the elderly, and people with disabilities.
Government media must offer equal airtime to all parties with presidential and vice-presidential candidates, and this coverage will be publicly funded.
However, the government is prohibited from interfering with political meetings organized by candidates or parties by the election schedule.
Security forces are barred from oppressing or intimidating candidates, supporters, or parties, and must perform their duties lawfully and professionally.
Additionally, the transfer of government officials involved in the election process is not allowed unless first discussed with INEC.
Ministers, Regional Commissioners, and District Commissioners are expressly forbidden from blending official duties with campaign activities or using government resources to gain political advantage.
From the beginning of the campaign period until the announcement of results, ministers are not allowed to make public pledges, announce new development projects, or offer promises that could be interpreted as vote-buying.
They are also prohibited from entering polling, counting, or result centers except to cast their votes.
What this means
The gazettement of the Code makes its provisions legally binding for all stakeholders.
Any breach can lead to disqualification, penalties, or even criminal charges under the country’s electoral laws.
INEC has reiterated that this Code is not symbolic—it is a vital tool to protect the democratic process, level the playing field, and build public confidence in the election outcome.
Speaking on the matter, lawyer August Mramba emphasised that no regulation or legal amendment can be implemented unless it has first been published in the official Gazette.
“No regulation or amendment to any law can take effect unless and until it is published in the Government Gazette,” stated Mr Mramba.
He explained that once this stage is reached, the regulations are considered law and cannot be challenged unless a court rules that a specific provision preventing such challenges is unconstitutional.
“If a court has not ruled that a provision is unconstitutional, no one is allowed to question it. Only after such a declaration by the court can that provision be publicly disputed,” he emphasised.
Mr Mramba further noted that some laws, particularly those governing public administration, may contain clauses that restrict judicial review, effectively limiting the courts’ power to scrutinise decisions made by public institutions.
“These kinds of provisions are often intended to remove the judiciary’s oversight over certain administrative decisions, under the argument that such matters fall more appropriately under political accountability than legal scrutiny,” he explained.
Supporting the view, another lawyer, Michael Mushi, stated that publication in the Government Gazette affirms the regulations’ official status and signals their readiness for implementation by the relevant authorities.
“Once published, the regulations are to be acted upon. Appearance in the Government Gazette formalises them and gives legal weight,” Mr Mushi said.
Meanwhile, lawyer Dominic Ndunguru reiterated that publication is a legal requirement for all regulations or laws passed by the government. He said the step marks their formal adoption and signals their entry into force.
“Publishing in the Government Gazette serves as official notification to the public that the law or regulation is now in effect and enforceable,” said Mr Ndunguru.
However, he also pointed out that despite publication, citizens retain the right to challenge regulations in court, particularly in cases where certain provisions may appear to infringe on constitutional rights.
“Even after publication, the public maintains the right to challenge laws or regulations in court—especially if there is a belief that any section violates fundamental rights or freedoms,” he added.
