- High Court asked to quash inquiry into election violence, citing conflict of interest and exclusion of Gen-Z victims
Three Tanzanian citizens have filed a petition under a certificate of extreme urgency at the High Court, seeking to block the newly formed Presidential Commission of Inquiry into the October 2025 election violence. The applicants argue the Commission is illegal, biased, and designed to "whitewash" what they describe as a massacre of civilians.
The application, filed yesterday by Rosemary Mwakitwange, Edward Heche, and Deogratius Mahinyila, names the Attorney General and all members of the Commission—including the Commission's Chairman, Mohamed Chande Othman—as respondents.
The case stems from the aftermath of the October 29 General Election, which the applicants say was marred by severe violence, arbitrary arrests, and the disappearance of young people. On November 18, President Samia Suluhu Hassan established the Commission to probe what the government termed "breaches of peace."
However, legal counsel for the applicants, led by Mpale Mpoki, Hekima Mwasipu and Jebra Kambole, argue that the Commission serves as a "judge in its own cause."
"The Fox Guarding the Henhouse"
The core of the legal challenge lies in the composition of the Commission. The petition highlights the appointment of Dr. Stergomena Lawrence Tax, who served as the Minister of Defence and National Service on the very day the violence occurred.
"The 9th Respondent [Dr. Tax] cannot investigate her own conduct," the affidavit states, invoking the principle of ministerial responsibility. The applicants argue that placing the former head of the military on a team investigating military and police excesses violates natural justice.
Furthermore, the inclusion of former security chiefs, such as former IGP Said Ally Mwema, and retired Chief Justices, is described in the filing as an attempt to recycle the "old guard" to investigate the state apparatus they once led.
The "Gen-Z" Exclusion
In a nod to the protests' demographics, the lawsuit accuses the government of deliberately excluding youth. The applicants argue that the violence disproportionately affected "Gen-Z"—the young generation demanding change—yet the Commission is entirely staffed by retired, pensionable civil servants over the age of 60.
"It is unreasonable to appoint members... who cannot reflect the challenges of the new generation and new technologies," the filing reads, noting that the Commission lacks representation from civil society, the Bar Association, or the medical community.
"Massacre" vs. "Breach of Peace"
The petitioners also take issue with the Commission's terms of reference. They argue that labeling the events as mere "uvunjifu wa amani" (breach of peace) is an insult to the victims.
"The very terminology... belittles and demeans death, missing persons, missing dead bodies, and injuries," the applicants stated. They contend the inquiry should explicitly focus on the loss of life and human rights violations, rather than vague notions of peace.
The High Court is expected to hear the application for Certiorari (to nullify the appointments) and Prohibition (to stop the inquiry) in the coming days.
AT A GLANCE: THE LEGAL BATTLEGROUND
1. The "Ghost" Commission LAWYERS ARGUE: The President established an "Independent Commission," a term they claim does not exist under the Commissions of Inquiry Act (Cap 32). They also allege the formation was not properly gazetted.
2. The Bias Allegation THE ISSUE: Can a former Defence Minister investigate the army? Can a retired Police Chief investigate the police? THE ARGUMENT: The applicants cite nemo judex in causa sua—no one should be a judge in their own case. They claim the President, as chairperson of the ruling party that won the disputed election, is also conflicted.
3. Pre-Judged Outcome (Malafide) THE EVIDENCE: The filing cites public speeches where the President allegedly blamed opposition parties and "paid youth" for the violence before any investigation began. THE FEAR: That the Commission is a formality designed to validate a conclusion the government has already reached.
4. The Missing Stakeholders WHO IS OUT: The Tanganyika Law Society (TLS), doctors, religious leaders, and youth representatives. WHO IS IN: Retired Chief Justices, Diplomats, and Security Chiefs.
5. Recycled Failures CONTEXT: Key members of this Commission (Chande, Sefue, Mwema) led a 2023 Criminal Justice reform commission. THE CRITIQUE: The applicants argue that the 2023 recommendations were never implemented, and it is "unreasonable" to ask the same people to investigate failures stemming from that inaction.
