Lawyer faces setback in court over Tanzanian VP’s case

In a ruling delivered on February 7, 2025, Judge Angelo Rumisha of the High Court, Dodoma Division, stated that the applicant had failed to provide sufficient information for the court to fully understand the disputed issue.

In application number 1948 of 2025, Mr Nyundulwa argued that the Vice President’s office had become vacant under Article 50(2)(c) of the Constitution of Tanzania, 1977, which stipulates that the Vice President holds office for five years unless he/she resigns.

Mr Nyundulwa contended that Dr Mpango’s resignation letter rendered the position vacant.

Mr Nyundulwa also sought a court order for President Hassan to appoint a new Vice President under Articles 50(4) and 48(2) of the Constitution, and for Dr Mpango to be prevented from continuing in office following his resignation.

What President Hassan said

At the CCM (Chama cha Mapinduzi) general congress in Dodoma, President Hassan explained that Dr Mpango had requested to be allowed to rest after the current term expires upon the completion of the General Election in October 2025, citing health and age-related reasons.

“(Mpango) has several reasons, but not related to work. He is 68 and would like to live longer, possibly reaching 90. He told me that his mother, who gave birth to him, lived to 88, and he would like to outlive her and live a bit longer,” President Hassan said.

She went on to say that despite initially resisting the request, the Central Committee had agreed to grant him a break as he requested.

“The great achievements we have seen are due to the tremendous support of this economic expert,” she said, acknowledging Dr Mpango’s contributions.

Mr Nyundulwa's arguments

In his affidavit, Mr Nyundulwa claimed that on January 19, 2025, during a live broadcast on TBC1, he heard President Hassan announcing that she had received Dr Mpango’s resignation letter.

Mr Nyundulwa claimed that the President mentioned Dr Mpango had handed over his resignation letter and expressed his desire to step down, though the President had not yet responded.

He argued that the failure to formally declare the Vice President's office vacant after receiving the resignation letter violated the Constitution of Tanzania, 1977, and led to the continued occupation of the office by an individual with questionable legal legitimacy.

As a Tanzanian lawyer, Mr Nyundulwa felt it was his civic and legal duty to ensure constitutional adherence, which led him to seek judicial intervention.

He claimed that Dr Mpango’s continued service was unconstitutional and needed to be addressed through judicial review.

Judge's ruling

In his explanation, Judge Rumisha said granting permission for judicial review was not automatic.

The court would only approve if the application met the necessary criteria.

“This procedure ensures that only cases with merit proceed to the next stage of review, filtering out unsubstantiated claims,” the judge stated.

The judge acknowledged that Advocate Nyundulwa raised a valid issue of a Vice President continuing to hold office after resigning.

However, the judge noted that the lawyer had not provided a copy of Dr Mpango’s resignation letter, which left uncertainty over whether the resignation had taken effect.

“Without the resignation letter or clear evidence, I cannot rule on whether there is a valid case here. The application must provide sufficient information to ensure a just decision,” the judge explained.

The judge further emphasised that rumours, regardless of how convincing, could not form the basis for a legal case.

The absence of the resignation letter meant the matter remained speculative.

The judge dismissed the application, stating that substantial reasons and documentation were necessary to proceed with the case.

The lack of these elements was seen as an abuse of the judicial process.