Dodoma. The High Court’s Main Registry in Dodoma has agreed to proceed with a case filed by advocate Peter Madeleka against the President of the United Republic of Tanzania and the Attorney General, challenging the decision to cancel this year’s Union celebrations.
Presiding Judge Juliana Masabo on Tuesday, December 2, 2025, directed the Government to file its counter-affidavit by December 5, 2025, and set December 8 at 2pm as the hearing date.
The court upheld Mr Madeleka’s submission that the President may be sued without prior notice in cases challenging executive decisions, including the cancellation of the 2025 Independence Day celebrations.
Judge Masabo also underscored that although the matter carries a certificate of urgency, the procedures governing urgent applications must still be observed.
Earlier, State Attorney Yohana Marco had requested seven days from today to file the Government’s counter-affidavit, a deadline that would fall on December 9.
The request was strongly opposed by Mr Madeleka, who argued that such an extension would defeat the very purpose of his application.
“Your Lordship, I object to that request. If the State Attorney’s prayer is granted, the right being pursued will be lost because the seven days fall on the ninth, which is the date in dispute. I ask that he be ordered to file the counter-affidavit within 24 hours,” he submitted.
Mr Madeleka’s case follows a statement issued by Prime Minister Dr Mwigulu Nchemba on November 24, 2025, announcing that the President had cancelled Tanganyika’s Independence Day celebrations and directed that the funds earmarked for the event be redirected towards repairing public infrastructure damaged during the October 29 chaos.
On November 26, 2025, Mr Madeleka filed an application seeking leave to institute judicial review proceedings against the President’s decision. The matter was initially set to be heard ex parte before Judge Masabo.
However, upon receiving information about the application, the Office of the Solicitor General appeared in court, objected to the matter proceeding ex parte, and requested an adjournment to allow time to obtain and study the documents.
In his application, Mr Madeleka seeks leave to challenge the legality of the President’s decision and is requesting three substantive court orders: a declaration that the cancellation of the Independence Day celebrations was unlawful and without merit; an order compelling the President to fulfill his statutory obligations; and a prohibitory order restraining him accordingly.
Mr Madeleka argues that as a Tanzanian citizen residing in Dar es Salaam, he has a right, under the law and Government procedures, to participate in and benefit from national celebrations. He contends that the cancellation infringes upon that right
Register to begin your journey to our premium contentSubscribe for full access to premium content
