BY KUSEKWA KUSEKWA
The High Court at Manyara has temporarily restrained the Registrar of Political Parties from suspending the registration of Chama cha Demokrasia na Maendeleo (CHADEMA) or imposing a fine against the country’s main opposition party.
Judge Ilvin Mugeta issued the order after considering an application for ex-party temporary prohibition filed by CHADEMA, pending the hearing of an application for leave to apply prohibitory and declaratory orders against the Registrar that would involve submissions from both parties.
“An interim order prohibiting the respondent from taking any adverse action against Chama cha Demokrasia na Maendeleo (CHADEMA) and the applicant’s pending hearing and determination of the application for leave to file application for prerogative orders is granted,” the Judge declared in a ruling delivered recently.
Before granting the order, the judge considered three issues, including existence of triable issues, irreparable loss that the applicant could suffer if suspension is imposed and greater hardship and mischief that would be suffered by the applicant if the Court shields Chadema from suspension injunction or prohibition was not granted.
In determining the issues, the judge concluded that there were triable issues that needed to be determined by the court, notably non-inclusion into the matter of the party’s Registered Trustees on one party and the Registrar’s alleged impartiality and biased conduct on the other.
He said that any ban of a political party’s activities by suspension of registration will occasion irreparable loss in terms of time lost by failure to carry out political activities and also causing general shrink of civic space and CHADEMA properties’ lack of management.
The judge also concluded that CHADEMA would suffer greater hardship and mischief than the respondent if the injunction is not granted. The judge added that the loss to be suffered from the suspension shall be immeasurable such that no amount of compensation could mitigate the loss.
On May 7, 2026, the respondent issued a letter, stating reasons why he should act to suspend or fine the party, including its behaviour of making scandalous, ridiculous and incitement statements against the government and government officials including the President of the United Republic of Tanzania.
