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High Court Rules on Union Day Dispute

Legal analysts observe that the court’s decision underscores the judiciary’s role in providing oversight over executive decisions, even at the highest levels of government.
December 3, 2025

The High Court’s Main Registry in Dodoma has approved a case filed by advocate Peter Madeleka challenging the government’s decision to cancel this year’s Union Day celebrations.

The suit names the President of Tanzania and the Attorney General as respondents, bringing into focus questions about the balance between executive authority and citizens’ legal rights.

Presiding Judge Juliana Masabo, in her ruling on Tuesday, December 2, 2025, instructed the government to file its counter-affidavit by December 5 and scheduled the hearing for December 8 at 2:00 p.m. The judge upheld Mr. Madeleka’s submission that the President may be sued without prior notice in cases challenging executive decisions, including the cancellation of the 2025 Independence Day celebrations. She also emphasized that, although the matter carries a certificate of urgency, the procedures governing urgent applications must still be strictly followed.

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Earlier, State Attorney Yohana Marco requested a seven-day extension from December 2 to submit the government’s counter-affidavit, which would have shifted the deadline to December 9. The request was strongly opposed by Mr. Madeleka, who argued that granting such an extension would defeat the very purpose of his urgent application and delay the resolution of a matter of national significance.

Legal analysts observe that the court’s decision underscores the judiciary’s role in providing oversight over executive decisions, even at the highest levels of government. By allowing the case to proceed, the High Court reinforces the principle that citizens have the right to challenge actions they consider unlawful or against public interest.

The case has attracted considerable public attention because it directly contests a decision affecting nationwide celebrations, which are symbolic of Tanzania’s unity and national identity. Observers suggest that the outcome could set a precedent for how the judiciary handles urgent matters involving executive authority and the accountability of the highest offices in the country.

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