Dodoma. There is a saying that a matter is not over until it is over, a phrase that aptly describes the ongoing saga of Mr Luhaga Mpina as he continues to fight for his right to be nominated by the Independent Electoral Commission (INEC) to contest the presidency on the ACT Wazalendo ticket.
The current standoff between Mr Mpina and INEC has unfolded like a political drama, with stakeholders and the public awaiting its conclusion.
Mr Mpina and ACT Wazalendo have now filed a fresh case in the High Court, challenging his disqualification from contesting in the 2025 General Election.
The case, numbered 23617 of 2025, was filed at the Dodoma High Court Registry, accompanied by a request for an expedited hearing, as campaigning enters its next phase on September 18, 2025.
In this latest move, ACT Wazalendo’s Board of Trustees and Mr Mpina applied to the Registrar of Political Parties and the Attorney General (AG).
The case is scheduled for a hearing before Justice Wibert Chuma on September 22, 2025.
According to the High Court e-Services Portal, the hearing will take place on Monday, September 22, 2025, with all parties required to attend.
Details of the new application
ACT Wazalendo and Mr Mpina are seeking four orders. The first is to allow them to apply to nullify the Registrar’s decision disqualifying Mr Mpina from contesting the presidency in the 2025 General Election.
The second is to secure permission to challenge the Registrar’s letter dated August 26, 2025, declaring that its contents should not be acted upon by any institution regarding Mr Mpina’s right to contest.
Additionally, they seek an order preventing the Registrar and the AG from interfering with Mr Mpina’s right to contest until the court reaches a decision.
The applicants also requested the court to issue any other orders it deems appropriate regarding the case, which is their second petition after winning the first case against INEC and the AG that challenged their initial nomination.
Background
Mr Mpina was endorsed by ACT Wazalendo’s General Assembly on August 6, 2025, to contest the presidency, but the Registrar annulled the nomination following an objection by a party member, Ms Monalisa Ndala.
Ms Ndala claimed that Mr Mpina’s nomination was invalid as he did not meet the eligibility criteria under the party’s 2015 constitution.
Consequently, the Registrar instructed INEC not to accept Mpina’s nomination forms.
ACT Wazalendo’s Board of Trustees and Mr Mpina challenged INEC’s decision on August 27, 2025.
On September 11, 2025, the High Court ruled in Mr Mpina’s favour, ordering INEC to accept his nomination forms and continue the nomination process.
The court held that INEC’s initial refusal to accept Mr Mpina’s forms without a hearing violated Article 13(6)(a) of the Constitution, denying him the right to be heard.
On September 13, 2025, Mr Mpina submitted his nomination forms to INEC.
However, the nomination was short-lived as two rival candidates, along with the AG, filed objections, which INEC accepted.
Reasons for the new application
In joint submissions filed on September 15, 2025, through lawyers John Seka and Edson Kilatu, ACT Wazalendo’s Board and Mr Mpina alleged that the Registrar misinterpreted the party constitution and rules.
They argued that this misinterpretation led to Mr Mpina’s disqualification and that the Registrar abused his powers by annulling his nomination.
They claimed the Registrar violated principles of natural justice by excluding Mr Mpina from the presidential race without being heard, affecting his right to contest.
“The first respondent (Registrar) used his legal authority over internal party elections for an improper purpose: to exclude the second applicant (Mr Mpina) from the presidential race,” the application states.
They further alleged that the Registrar acted unlawfully, irrationally, and with malice when annulling Mr Mpina’s nomination.
“The representative of the first respondent who oversaw the General Assembly did not raise any objections to Mr Mpina’s nomination,” they argued.
“Mr Mpina’s qualifications were removed without a hearing, based on external and baseless claims, despite his nomination fully complying with ACT Wazalendo’s constitution and rules,” they insisted.
Affidavits of Ruhwanya and Mpina
The first applicant, through an affidavit sworn by ACT Wazalendo trustee Mhonga Ruhwanya, stated that under the party’s constitution, rules, and guidelines, presidential candidates are nominated by the General Assembly.
Ruhwanya noted that sections 4(a), (b), and (c) of the internal guidelines for the 2025 nominations outline the qualifications required for someone to be sponsored by the party, including for the presidency.
“Under these provisions, there is no requirement for a minimum membership duration for a presidential candidate sponsored by the first applicant (ACT Wazalendo),” said Ruhwanya.
According to Ruhwanya, Mr Mpina joined ACT Wazalendo on July 29, 2025, was duly registered, and later expressed his intention to be nominated for the presidency.
“His and Mr Aaron Kalikawe’s names were processed according to party procedures and submitted to a special General Assembly on August 6, 2025, for a vote under the supervision of the Deputy Registrar,” said Ruhwanya.
“Mr Mpina received the most votes and was declared the nominee, with his name forwarded to INEC to complete nomination forms for the presidential election,” he added.
During the nomination process, Ruhwanya said the first applicant received a letter from the Registrar seeking clarification on Mr Mpina’s nomination.
They confirmed the process complied with the party constitution, rules, and guidelines.
However, on August 26, 2025, the Registrar issued a letter excluding Mr Mpina from contesting.
Mr Mpina, in his affidavit, echoed Ruhwanya’s account, detailing his party membership and nomination process.
He said he knew the August 26, 2025, letter from the Registrar informed the applicants of his exclusion and was subsequently forwarded to INEC, preventing him from submitting his nomination forms.
He filed case number 21692/2025 challenging the decision, and the High Court ruled that his rights had been violated by being penalised without a hearing.
However, Mr Mpina remains blocked from contesting the presidency for the October 29, 2025, election, pending INEC’s reliance on the Registrar’s decision.
He has now filed the latest review application challenging this.
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