Dar es Salaam. Stakeholders have criticised provisions of the Political Parties Act, 2024, arguing that they undermine political freedoms, while the Office of the Registrar of Political Parties (ORPPs) maintains that the law is necessary to safeguard democracy and prevent internal party abuses.
Much of the criticism focuses on the wide-ranging powers granted to the Registrar of Political Parties (RPPs), including authority to deregister parties, enter party meetings, and demand access to internal party documents.
Some of these concerns were raised during the drafting stage of the law, but Parliament, dominated by the ruling party, passed it despite objections from opposition legislators and democracy stakeholders, who warned it could weaken multiparty democracy and expand state control over political organisations.
The Act gives the RPPs powers to intervene in internal party affairs, including suspending members and halting political activities where parties are deemed to have breached the law.
It also requires political parties to coordinate civic education activities with the ORPPs, a provision critics say limits independent public awareness efforts and restricts political space.
In addition, the law imposes strict auditing requirements on party finances and resources, with violations potentially attracting deregistration or prosecution of party officials.
Critics argue that the RPPs should not have access to sensitive internal party deliberations, saying the office should be limited to registration functions.
They also raise concerns over institutional independence, noting that the RPPs is appointed by the President, who is also a political actor.
However, Assistant RPPs, Mr Sisty Nyahoza, defended the framework, saying it is intended to ensure internal justice within parties and protect ordinary members from unfair practices.
The debate comes amid repeated actions by the ORPPs that have attracted public criticism, including warning letters issued to some parties over alleged legal breaches.
Critics further argue that enforcement has been inconsistent, with opposition parties appearing to face closer scrutiny.
Functions of the RPPs
The functions of the Office of the Registrar of Political Parties are set out in Section 4(5) of the Act.
They include registering political parties, supervising nomination processes, and monitoring internal party elections.
The office also coordinates the Political Parties Council, monitors party income and expenditure, and manages the distribution of public funds to eligible parties.
In addition, it is mandated to provide civic education on the legal framework governing political parties and the multiparty democracy system, as well as coordinate civic education activities conducted by political parties themselves.
Concerns over extensive powers
Speaking to The Citizen sister newspaper Mwananchi, Legal and Human Rights Centre (LHRC) lawyer, Mr William Maduhu said the Act grants the RPPs excessive authority over internal party affairs.
He argued that the office has moved beyond registration into active regulation of political parties, with strict penalties applied in some cases while similar situations are treated differently elsewhere.
According to him, this undermines internal party democracy and contributes to recurring political tensions.
His concerns were echoed by political analyst, Dr Paul Loisulie, who said the legal framework does not sufficiently protect internal democracy within political parties.
He noted a gap between constitutional guarantees and political practice, in which rights exist in law but are constrained in practice.
“From the Constitution to the law, political parties are granted freedom, but politics restricts it. For instance, public rallies are allowed by law, but in practice they are restricted,” he said.
However, political analyst, Magabilo Masambu, offered a different view, saying some contested provisions are explicitly provided for in law.
He cited Section 3(b), which he said gives the RPPs influence over internal party elections, and Section 3(g), which positions the office as a government adviser rather than an independent watchdog.
Masambu also pointed to Sections 5A (i) and 5B (i), arguing that they limit parties’ freedom to engage with foreign organisations, receive training, and manage internal information without regulatory scrutiny.
He said the current framework does not guarantee a level playing field for all political actors and called for reforms to strengthen fairness and transparency.
Law defended
However, Mr Addo November defended the Act, saying it is well-structured and enables political parties to operate within a clear legal framework, including holding public meetings in accordance with the law.
He said the law also prohibits incitement to violence and threats against the Union, describing this as an essential safeguard for national stability.
According to him, challenges arise not from the law itself but from its misuse by political actors who fail to adhere to legal requirements.
Calls for reform
Despite differing views, the Political Parties Council Chairperson, Mr Juma Khatib said the law requires reform to reflect evolving political realities.
He called for a comprehensive review involving stakeholders to identify provisions that need amendment.
He noted that in neighbouring Kenya, political parties are allowed to form coalitions and present joint presidential candidates, while in Tanzania, independent candidates are not permitted under the current system.
ORPPs defends the law
Responding to criticism, Mr Nyahoza said the Act strengthens, rather than weakens, democracy, arguing that critics misunderstand its purpose.
He said the law ensures internal party democracy by requiring candidates to emerge through structured party processes endorsed by members, preventing self-declared candidacies.
Mr Nyahoza maintained that oversight is necessary to prevent internal injustices that would otherwise disadvantage ordinary party members.
He dismissed claims of overreach, saying the RPPs’ role was to ensure parties comply with their own constitutions.
“When parties fail to follow their constitutions, members suffer and have nowhere to seek redress except through the ORPPs,” he said.
“There must be an institution to ensure parties follow their own rules,” he added.
He further questioned critics of the law, saying, “How can you have the power to register a party but lack the power to deregister it? It is like employment, if you hire someone, you must also have the authority to dismiss them.”
Previous court ruling
The matter has previously been tested in court. On March 25, 2022, the East African Court of Justice ruled in favour of Freeman Mbowe and others, including the late Seif Sharif Hamad, Zitto Kabwe, Hashim Rungwe, Salum Mwalimu, and the Legal and Human Rights Centre, in a case challenging the RPPs’ powers, finding that some provisions of the Act contravene the East African Community Treaty.
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