Unguja. As the Zanzibar Electoral Commission (ZEC) prepares to destroy all documents used in the 2025 Zanzibar General Election, ACT Wazalendo has accused the body of seeking to delay justice and destroy crucial evidence.
The opposition party has filed election petitions in 25 constituencies challenging the results of the October 29 vote.
ACT says destroying evidence while cases are pending in court amounts to a criminal offence.
In a press statement issued on Tuesday, February 3, 2026, ZEC Chairperson Judge George Joseph Kazi said the decision follows the lapse of 90 days since the election, during which no court injunction was received to prevent destruction.
The decision, taken at a Commission meeting on Monday, February 2, 2026, is part of ZEC’s legal duty to ensure the election process is completed transparently, efficiently, and in line with existing laws, the statement said.
Judge Kazi said the move complies with Section 98 (3) of the Election Act No. 4 of 2018.
“This section requires ZEC to destroy all documents related to a general election 90 days after the completion of the respective election,” he said.
He added that before approving the destruction, the commission confirmed that no court order existed to stop the exercise, allowing it to proceed lawfully.
Judge Kazi urged all election stakeholders to cooperate to ensure the task is carried out successfully, transparently, and in strict conformity with legal procedures.
ACT’s challenge
Speaking at the party headquarters in Vuga, ACT Wazalendo Deputy Chairperson for Zanzibar, Mr Ismail Jussa Ladhu, said ZEC is hiding behind the law while knowing that destroying evidence during ongoing legal cases is a criminal offence.
He said the party’s 25 cases have stalled at the High Court registrar’s office for two weeks despite requests for access to crucial documents.
“For an electoral commission that itself used these documents in its defence and knows how necessary they are for ongoing court cases, invoking the cited section under these circumstances is to misuse the law with the intent to destroy evidence,” said Mr Jussa.
He said ZEC fully understands, as a party to the ongoing cases, which destroying the documents now amounts to evidence tampering rather than legal compliance.
Mr Jussa called for three immediate actions, beginning with the suspension of document destruction until all court cases are concluded.
He also demanded urgent handling by the High Court registrar of the party’s request to review the documents, and secure preservation of all 2025 general election records to prevent loss.
Judge Kazi clarifies
Responding to ACT Wazalendo’s claims, Judge Kazi said ZEC has acted within the law, as no injunction was received to halt document destruction.
He said the party should have sought a court order before filing its case, as required by law.
“Section 93 (3) directs the destruction of such documents unless the court orders otherwise due to election cases,” he said.
“They failed to request an injunction, so the 90 days ended on January 29. Yesterday (Monday), we held a ZEC meeting with our lawyers, who confirmed that no injunction exists, and the meeting resolved to proceed with the legal requirements,” said Judge Kazi.
“We have committed no wrongdoing nor violated the law. Failing to act would have made us the ones acting against the law,” he stressed.
