This archive report was first published on 23 June 2020.
On June 23, 2020, the East African Court of Justice (EACJ) declined to halt enforcement of disputed provisions of the Tanzania Political Parties (Amendment) Act, 2019, as petitioned by leaders of opposition parties.
The five opposition party leaders, including Chama cha Demokrasia na Maendeleo (Chadema) national chairman Freeman Mbowe, party leader of the Alliance for Change and Transparency (ACT)-Wazalendo Zitto Kabwe, Chama cha Ukombozi wa Umma (Chauma) national chairman Hashim Rungwe, Former Zanzibar government vice president and ACT–Wazalendo member Seif Sharif Hamad, and Zanzibar deputy secretary general for Chadema Salum Mwalimu, wanted the regional court to stop the Tanzania government from implementing disputed provisions of the Act, pending determination on their compliance with the East African Community Treaty.
However, Judge Audace Ngiyo of the First Division of the regional court ruled that the opposition leaders would not suffer irreparable injury, stating that wrongful arrest, detention, and prosecution can be compensated by damages.
The court agreed with the Tanzanian government's counsel that halting the Act would hold back civic education for political parties, as argued by Principal State Attorney Alice Mbuya. She stated that the Act addresses the regulation of civic education and political parties' funds to avert unacceptable ideologies such as radical and extremist hate teachings.
The court directed that a date for the hearing of the main application be fixed, and the opposition leaders have announced plans to file an appeal. Counsel for the opposition, Jebra Kambole, expressed disappointment with the decision, stating that democracy will be in trouble given the General Election is only four months away.
