Unguja. The High Court of Zanzibar has dismissed an application filed by former ACT Wazalendo representative candidates from 19 constituencies in Unguja, who sought a court order to halt the destruction of election materials, after upholding a preliminary objection that the lawyer who signed the supporting affidavit was not licensed to administer oaths.
The candidates had filed an urgent injunction following a public notice issued by the Zanzibar Electoral Commission (ZEC), announcing its intention to destroy all documents used in the 2025 General Election.
The injunction application had been submitted alongside a separate request seeking disclosure and copies of various election documents.
Before the hearing began, the respondents — the Attorney General and ZEC — raised a preliminary objection, arguing that although the lawyer who signed the affidavit was qualified to practise law, he did not hold a valid commissioner for oaths licence and was therefore not legally authorised to sign affidavits. They asked the court to strike out the application.
Delivering her ruling on 13 February 2026, Justice Salma Hassan agreed with the objection, stating that the court was satisfied the lawyer lacked the required licence.
Speaking outside court, the party’s Chief Legal Officer, Mr Omar Said Shaaban, said they had no doubts about the lawyer’s credentials at the time, as he is a senior court officer and commissioner for oaths.
"Unfortunately, we were late. When he administered the oath, his licence had not yet been issued, so the application has been struck out,” he said.
Mr Omar, who is also among the candidates and represents some of the election cases, said the matter was not over.
“For us, this is not the end. As we speak, we have already filed another urgent application seeking the same injunction,” he added.
He said the party had paid the required fees and would continue pursuing legal avenues to ensure justice and to present evidence of what they witnessed during the election, while allowing the commission an opportunity to respond.
Meanwhile, ZEC Director of Legal Services, Mr Maulid Ame Mohamed, said the court had recognised the defect and upheld their argument that the lawyer lacked the legal qualifications.
"Under the law, an advocate cannot perform legal duties, including representing clients or preparing affidavits, without the proper licence. The court has therefore lifted any restriction, meaning there is currently no order preventing the destruction of the election documents,” he said.
The miscellaneous civil application, No. 18 of 2026, was filed under a certificate of urgency on 6 February 2026.
On 10 February, before the hearing commenced at the High Court registry in Tunguu, the respondents raised the objection concerning the validity of the affidavit.
State Attorney Said Salim Said, from the Attorney General’s Chambers, said they intended to submit five objections under Section 129 of Zanzibar law, but only one was sufficient to have the application struck out.
He cited Section 38(1), which prohibits advocates from presenting themselves as legal professionals without the appropriate licence.
“The affidavit filed in court was sworn by advocate Ussi Khamis Haji on 5 February 2026, presenting himself as a commissioner for oaths, yet he did not have a licence,” he argued.
He noted that, unlike Mainland Tanzania where advocates automatically qualify as commissioners for oaths, Zanzibar law requires separate licensing.
To support the claim, he attempted to submit a letter dated 10 February 2026 from the Registrar’s office confirming the lawyer was not licensed. However, the applicants’ lawyer, Mr Rajab Abdalla Rajab, objected, arguing the letter required formal proof and cross-examination. The judge agreed and declined to admit it.
Later, Mr Rajab urged the court not to waste time and requested it verify the lawyer’s status independently and deliver a ruling the same day.
Although the judge accepted that she could verify the matter, she adjourned the case to allow time to prepare the ruling, which was delivered on Friday, 13 February 2026, striking out the application.
The applicants were represented by advocates Rajab Abdalla Rajab and Suleiman Abdalla, while the respondents were represented by Said Salim Said, Maulid Ame Mohamed, Mbarouk Suleiman Othman, and Ali Issa Abdalla.
The applicants, who are petitioners in election petitions Nos. 2 to 18 of 2025, filed the urgent application after ZEC announced plans to destroy all materials used in the 2025 General Election.
The documents they sought to preserve include Form PS No. 9 (handover of materials forms), Form PS Ni. 13B (ballot paper account forms), Form No. 16 (polling station closure form), Form PS 17B (result forms), Form MWJ No. 19B (vote tally forms) and the early voters' register.
These documents relate to polling stations in the constituencies of Pangawe, Malindi, Kiembe Samaki, Makunduchi, Mwera, Nungwi, Tumbatu, Mkwajuni, Bumbwini, Mpendae, Mtoni, Welezo, Amani, Mwanakwerekwe and Kijini during the 2025 General Election.
