Joseph Isangura
Tanzania’s main opposition party, CHADEMA, has raised serious constitutional concerns over new electoral conduct regulations introduced ahead of the 2025 General Election.
The party argues that the Independent National Electoral Commission (INEC) has overstepped its legal mandate by using the new rules to threaten or potentially block political parties from participating in the democratic process.
Speaking during a press conference held at CHADEMA’s headquarters in Mikocheni, Dar es Salaam, on Tuesday, April 15, 2025, the party’s Chief Legal Counsel, Dr. Rugemeleza Nshala, sharply criticized the INEC’s approach. He pointed out that Section 162 of Tanzania’s Election Act gives the Commission the power to publish election guidelines, but not the authority to prevent any individual or political party from engaging in politics or elections.
“Let’s be clear,” said Dr. Nshala. “No provision in the law gives INEC the power to bar any party from taking part in elections. What they are doing now — pressuring parties to sign these ethics guidelines under threat of exclusion — is not only unconstitutional, it’s unacceptable.”
The controversy comes after several political parties, including CHADEMA, were presented with a new Code of Election Ethics on Saturday, April 12, 2025. The code demands that all parties sign it before being allowed to participate in the election. However, Nshala emphasized that the same document clearly states it becomes effective only from the day after official candidates are nominated — a process that hasn’t happened yet.
“As of today, not a single candidate has been nominated — not for President, not for Vice President, not even Members of Parliament,” said Dr. Nshala. “So how can rules that depend on post-nomination timelines already be enforced? It doesn’t make legal sense.”
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He also questioned the legitimacy of any enforcement by the Commission before nomination forms are even submitted. “No one has filed, no one has been confirmed — the process hasn’t even officially started,” he noted.
CHADEMA has long called for sweeping electoral reforms, including greater independence for INEC and the legal right to challenge presidential election results in court. The party’s current stand — No reforms, no election — appears to be taking a sharper tone, as leaders push back against what they see as unfair practices ahead of one of the most anticipated elections in Tanzania’s recent history.
This growing tension sets the stage for potential legal battles and increased scrutiny of the electoral process, both from within the country and from international observers. While INEC maintains that the code of conduct is designed to ensure peaceful and fair elections, CHADEMA’s resistance is likely to amplify wider questions about the transparency and inclusivity of the 2025 vote.
