In Tanzania, the law means electoral flaws can’t be challenged
A Tanzanian riot police officer walks past a vandalised campaign poster of President Samia Suluhu Hassan, following a protest a day after a general election marred by violent demonstrations over the exclusion of two leading opposition candidates at the Namanga One-Post Border crossing point between Kenya and Tanzania, October 30, 2025.
Street protests erupted as Tanzania went to the polls on October 29, 2025, under a Constitution that has remained unchanged since 2005.
Built on a single-party system that has existed since independence in 1961, and with minimal amendments to the 1977 constitution, Tanzania’s legal framework lacks modern practices that protect political actors and citizens from state abuse.
Unlike Kenya, where the new constitution grants power to the citizens, Tanzania’s constitution vests authority in the presidency.
“All state authority in the United Republic shall be exercised and controlled by two organs vested with executive powers, two organs vested with judicial powers, and two organs vested with legislative and supervisory powers over the conduct of public affairs,” — Tanzania (United Republic of) 1977 (rev. 2005), Part 1 (4).
President Samia Suluhu Hassan of Tanzania casts her vote at Chamwino village office polling station in Dodoma on election day on October 29, 2025.
“The organs vested with executive powers shall be the Government of the United Republic and the Revolutionary Government of Zanzibar; the organs vested with judicial powers shall be the Judiciary of the United Republic and the Judiciary of the Revolutionary Government of Zanzibar; and the organs vested with legislative and supervisory powers over public affairs shall be the Parliament of the United Republic and the House of Representatives.”
In line with the spirit of the constitution, President Samia Suluhu Hassan holds sweeping powers over the electoral process.
The President of Tanzania has the authority to appoint and dismiss the chairperson, vice-chairperson, and commissioners of the Independent National Electoral Commission (INEC).
Critics argue that this compromises the commission's independence, leading to decisions that favour the ruling Chama Cha Mapinduzi (CCM) party—such as the disqualification of opposition candidates on seemingly minor or "frivolous" grounds. The law also allowed INEC final powers on the electoral tally, which cannot be challenged in court. This potentially removes safety valves judicial organs provide in other jurisdictions like Kenya and Malawi, where flawed elections were nullified by courts in the past.
President Samia Suluhu Hassan of Tanzania casts her vote at Chamwino village office polling station in Dodoma on election day on October 29, 2025.
Tanzania became a multiparty state on July 1, 1992, following recommendations from the Presidential Commission on the Single-Party or Multiparty System.
Before 1992, Tanzania was a one-party state, with CCM as the only legally permitted party. The shift was formalised through the Constitution (Eighth) (Amendment) Act, 1992, which allowed for the registration and participation of multiple political parties. The first general elections under this system were held in 1995.
However, the amendments still granted CCM sweeping powers over how the government is managed and run.
Due to the nature of the constitution and minimal reforms to accommodate full multiparty democracy, Tanzania is often described as a "One-Party State" that, every five years, allows other parties—approved by CCM under strict conditions—to participate, giving the ruling party a semblance of legitimacy.
This year, 17 presidential candidates contested alongside President Samia of CCM, in an effort to lend the elections perceived legitimacy.
INEC confirmed 17 presidential candidates, including President Samia Suluhu Hassan. Among them are Gombo Samandito Gombo (Civic United Front - CUF), Kunje Ngombale Mwiru (AAFP), Hassan Almas (NRA), and Coaster Kibonde (Chama Makini), among others.
Chadema (Chama cha Demokrasia na Maendeleo – Party for Democracy and Progress), the main opposition party, was disqualified for refusing to sign the Electoral Code of Conduct. Its leader, Tundu Lissu, is currently on trial for treason in Dar es Salaam.
ACT Wazalendo’s presidential candidate, Luhaga Mpina—who defected from CCM—was also disqualified by INEC despite favourable court rulings. This has paved the way for minimal electoral challenge to the CCM candidate in the 2025 elections, with the two major contenders removed from the race.
Tanzania still employs the provincial administration system inherited from British colonial rule, similar to Kenya and Uganda in the 1960s. (Kenya and Uganda have since tinkered with theirs).
Returning Officers are District Commissioners and government administrators.
Today’s Tanzania resembles Kenya before 1988, when the country was under one-party rule. Kenya transitioned to a multiparty system in 1992 after repealing Section 2(a) of its constitution.
Before that, during the infamous 1988 "Mlolongo elections," a District Commissioner could declare the shortest queue as the winner.
On October 29, 2025, the President of the United Republic of Tanzania and candidate for the same position through the Chama Cha Mapinduzi (CCM) party, Dr Samia Suluhu Hassan, casts her vote at the Chamwino Village Office polling station in Dodoma.
Photo credit: Photo | Pool
Tanzania's constitution states that once a presidential candidate is declared the winner by the electoral commission, "no court of law shall have any jurisdiction to inquire into the election of that candidate.”
This provision grants District Commissioners and administrators sweeping powers to determine election outcomes in favour of the executive. In 2020, the African Court on Human and Peoples’ Rights ordered Tanzania to amend this section of the constitution. However, the directive has yet to be implemented.
In the lead-up to the elections, Tanzanian authorities passed laws and regulations that, while framed as administrative or protective reforms, collectively constrain political opposition, suppress dissent, and expand state control over freedoms of expression, association, and peaceful assembly.
International media is effectively barred from covering elections in Tanzania, making it difficult to access credible information on the ground.
Access to social media platforms such as X (formerly Twitter), WhatsApp, Facebook, and TikTok has been restricted or blocked during critical periods—especially immediately before and during the 2025 election—limiting information flow and public discourse.
Legislation ranging from electoral reforms to digital surveillance laws has created bureaucratic hurdles, surveillance mechanisms, and discretionary enforcement powers that disproportionately affect opposition parties, civil society organisations (CSOs), and independent media.
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